How to File a Cheque Bounce Case in Dubai, UAE ?
Tasheel Legal is a leading law firm dealing with all kinds of criminal cases including the Cheque Bounce Cases with a team of experienced & qualified lawyers in all the emirates of UAE. Our team of lawyers has got multinational roots, allowing them to cooperate with all ethnicities living in Dubai, Abu Dhabi, Sharjah, Ajman, Fujairah, RAK, and Umm al Quwain.
Our criminal lawyers in UAE have adequate experience and qualifications requisite to smoothly and efficiently handle cheque bounce cases, carry out arbitration & representation, process all the legal paperwork & relevant documentation works, and make sure of the most cost-effective outcomes in UAE.
Tasheel Lawyers can help you to deal with all the cases regarding bounced cheques and also could guide you with all the requisite advice with respect to all the aspects and consequences.
Filing a Cheque Bounce Case in Dubai / UAE ?
UAE allows the individuals or companies possessing dishonored bank cheques to file criminal cases against the issuers of the cheques, since dishonour of a cheque in the UAE is considered as a criminal offence. This is in congruence with Article 401 of Federal Law No. (3) of 1987 of Penal Code of UAE which states:
There are two course of actions in which a person or company can file a police complaint against a bounced cheque in Dubai. Visiting a police station is the first course of action and the second course of action is filing the police complaint online. Let’s explore the two options below.
A criminal complaint against the bounced cheque could be filed either in the place where it was deposited for collection by its beneficiary or at the place where the beneficiary of the cheque received it from its issuer. If the returned cheque is deposited in the beneficiary’s bank located in the emirates of Dubai, then the creditor could file a criminal complaint at the police station having jurisdiction in emirates of Dubai, based on the jurisdiction you have to file in respective police station in the emirates.
Prior to registering the complaint, the police review the original cheque along with a return memo from the bank and a proof of identity. The return memo is a report furnished by a bank which states the reason for the cheque being bounced. The most common reasons for dishonouring a cheque are insufficient funds, closure of accounts or signatures mismatching.
Once the case is filed with police, a complaint number will be issued in the form of “NUMBER/YEAR”. At this point of time, the issuer of the cheque, or the counterparty in this case, will be informed by the police to come to the station for interrogation. Once the police take the statements of all involved parties, they prepare their report and the complaint is transferred to the Public Prosecution. The Public Prosecution has exclusive jurisdiction to initiate and prosecute criminal proceedings under AED 200,000 by issuing a fine only. For cheque amounts above AED 200,000, the Public Prosecution transfers the case to the criminal court for their decision.
In Dubai, without visiting a police station one can initially file a criminal complaint against a bounced cheque. This is made possible by using the Dubai Police mobile application. The ensuing is a brief guideline on filing the complaint on the mobile application.
Choose the “Report Bounced Cheques”, you are then redirected to a page where you are required to fill in the subsequent details:
- Details of the Applicant (Emirates ID number and Email address)
- Details of the Cheque (Bank Name, Account Number and Cheque Number)
- Police Station (A branch to be chosen from the list of options given)
You are required to upload an image of the bounced cheque along with a brief of your complaint. Once the above process is completed, you receive a confirmation from Dubai Police and the police also notify you on when to visit the police station.
Upon your visit to the station, the police require you the documents, like – the original cheque, the return memo from the bank and proof of identity.
Tasheel Legal Consultancy can help you to filing a Cheque Bounce Cases in UAE including all the emirates Dubai, Abu Dhabi, Sharjah, Ajman, Fujairah, RAK and Umm al Quwain.
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