This is in accordance with Article 401 of the UAE Penal Code stating that “a person who issue a cheques with a bad intention and knowing that he did not possess sufficient funds or withdraws the funds from his account post issuing the cheque to ensure that the cheque cannot be cleared, shall be sentenced to an imprisonment or fine.
In addition, the beneficiary under Article 632 of the UAE Commercial Transactions Law can claim a recourse against the issuer or any other party who is liable by presenting the cheque within prescribed limit before the relevant court authorities. However, the concern before the Commercial Lawyers of Dubai is not regarding the registration of the case, and it is about whether the claimant can utilize a copy of the original cheques to initiate a civil or a criminal complaint against the issuer of the cheque.
Possessing the original bounced cheque along with a letter from the bank confirming the situation is considered to be important documents in order to initiate the criminal or civil case against the issuer. However, what if the original cheque is lost or could not be found, can the copy of the original cheques would be sufficient in raising the claim. It is essential for the claimant to maintain the original cheque, yet if it is lost, the claimant can use the copy of the original cheque as it is confirmed and agreed by the courts of UAE that not having the original cheque does not necessarily mean that the criminal case does not exist as it has been decided by the courts if UAE that the courts have the right to accept the cheques photocopy as a proof of cheques crime and if the court believes in the validity and legality of such copy of the original cheque. This has been further confirmed by the court under Federal Supreme Court under case number 57 of the year 1999 on 06 June 1999.
Considering the procedure for raising the criminal complaint about cheque bounce, the beneficiary can register a complaint with the nearest police of the relevant Emirate or alternatively you may resort to a Best Criminal Lawyer of Dubai to assist you with filing such case.
What is the full list of fines for money laundering in the UAE? Dr. Hassan Elhais
The UAE Ministry of Economy has announced the list of penalties for violations of the laws relating to money-laundering and terrorism financing.
Can I Appeal Against an Arbitration Award?
Arbitration is best described as a cost-effective alternate dispute resolution process, which assists in smoother business relationships without incurring the rigidity of court proceedings. To address many of the pitfalls of the arbitration process and to bring the UAE arbitration process in tune with the best international standards, the UAE enacted Federal Law No. 6 of 2018 on ‘Arbitration’ and its amendments (“Arbitration Law”).
Commercial leasing and breach of contract punishments
In legal terms, a lease agreement can be defined as ‘a contract by which one party conveys land, property, services, etc. to another for a specified time, usually in return for a periodic payment’. A ‘commercial lease agreement’ constitutes a written lease agreement whereby a landlord agrees to lease his commercial property to another person or entity for a given business purpose and specified time period.
