Multiple Cheques With Multiple Problems
Posted by Al Rowaad Advocates & Legal Consultants on June 23rd, 2021
Historically, the economy of UAE has heavily relied on the cheques as a way of commercial transaction. Although, we have witnessed significant amendments in the laws and regulations governing cheques within UAE, they are still taken as guarantee or security as repayment of loan. The number of cheques exchanged in the country comes along with number of problems as well. Criminal Lawyers of Dubai has discussed about multifarious concerns raised in cases of cheques and this is another significant topic which you shouldn’t miss out.
Even though with latest amendments in the cheque laws in Dubai or all over UAE, the issuers of cheque are now less feared about imprisonment term for dishonored cheques. Another important fact to consider about cheque cases is that if the accused has signed several cheques on the same day for the same reason regardless of the date of each cheque of the number mentioned on each cheque, all of those cheque should be considered as one and should be filed under one case. I am sure this has changed your perspective of looking towards cheque cases, as we have witnessed numerous cases where, multiple cases were registered against the accused for issuing multiple cheques under one transaction.
The courts have clearly stated in several precedents such as in Supreme Court case number 138 of the year 2006 issued on 13 June 2006 and in Supreme Court Case number 510 of the year 2010 issued on 08 November 2010 that the case will be barred by Res Judicata (a matter that has already been adjudicated or decided by a competent court and hence should not be perused again). In such regards, the accused has the right to raise this defense, however, he shall prove beyond any reasonable doubt that the multiple cheques were issued under one transaction on different dates or in one day.
To avoid any complications, it is recommended to appoint Best Lawyers in Dubai and the reason behind this concern is that the burden of proof in such defenses lies on the accused to prove that those cheques belong to one commercial transaction and should not be treated independently as it will be then considered as Double Jeopardy. We are sure that you have gained some information from this article and would rely to this information before issuing multiple cheques next time, just to be sure.
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About the AuthorAl Rowaad Advocates & Legal Consultants
Joined: February 3rd, 2021
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