Can you file a claim with a copy of an original cheque?
Posted by hassan on June 30th, 2020
This is in accordance with Article 401 of the UAE Penal Code stating that “a person who issue a cheque 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 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 the 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 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.
Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.
Website: https://www.professionallawyer.me/Also See: Original Cheque, Uae Penal, Sufficient Funds, Possess Sufficient, Original, Cheque, Uae
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