Whether during periods of recession or mutations, there has rarely been a subject of equal interest, such as a check in the UAE. From a legal perspective, it is therefore necessary to protect the rights of the party who received the check and to clarify the procedures clearly. The rights of the affected party are protected in a clear and well defined legal framework. In accordance with article 401 of the UAE Penal Code: “A person who, in bad faith, imposes a draft [check] without adequate and retractable credit or, after making a check , Withdrawing all or part of the balance, making the balance insufficient to settle the check, or withdrawing the check by not paying the check or making the check or signing it in a manner that prevents its disbursement.
“The same penalty applies to any person who endorses a check for another person or gives him a pregnant carrier, Knowing that there is not enough credit to honor the check or that it can not be withdrawn. “The Supreme Court of the country has clearly stated that The bouncing of the check is a criminal offense when the issuer issues one, knowing that there is insufficient funds in the account It should be noted here that the payment used to provide the check as security and / or deposit to close the transaction is not valid. (B) The Public Prosecution and the courts are not allowed to investigate the returned checks contained in this Decree , And shall suspend the hearing of any complaint or criminal case Attached to these checks and refer them to the Committee.
“On necessary to be the recipient of the check and clear the apostate necessary with regard to the registration of the case procedural steps. This includes registering the complaint at the nearest police station before the case is brought before the courts. The same case is not limited to the immediate resistance of the amount due, but also to compensatory damages, which the court can decide on depending on the fluctuations of the case. It is important to note that while the penalty in the case of a returned check rests with the judge, the penalty given is not less than three years. This makes it more important for the injured party to seek immediate compensation from the courts. In some cases, a request can also be made to prevent the accused party from leaving the country. The courts have accepted such requests unilaterally when the accused is considered a threat to flight. It makes sense for the court to investigate the reasons for issuing the checks and the nature of the transaction. This includes, but is not limited to, the examination of contracts exchanged with checks.
In some cases, when it is clear that both parties were aware that the check had been issued but inadvertently disbursed, the court referred the order to civil litigation for Identify the most contractual issues arising from the case. The judgment is pending before the criminal judgment recommended by the Attorney General is confirmed. It is therefore necessary that the injured party seek immediate legal advice in the event that this occurs, especially in the light of the fact that the procedures that have been developed have become quite clear. There are clear procedural elements to follow. The nuances of an individual case are not material to follow such proceedings until the case is registered in court.
