How to File Civil Case for Cheque Bounce
Check bounce can eventuate as a result of multiple reasons, for example, because of the inadequacy of funds in the record of the issuer of the cheque and numerous different reasons. The bank consisten...
Check bounce can eventuate as a result of multiple reasons, for example, because of the inadequacy of funds in the record of the issuer of the cheque and numerous different reasons. The bank consistently gives a cheque return reminder with the fundamental explanations behind non-instalment when the cheque gets dishonoured. In most countries, cheque bounce is the most recurring financial crime for which the government has issued several rules and regulations to curb its impact on the economy and involved punishments to set a deterrent for individuals dealing in cheques.
Most individuals face difficulty in understanding the relevancy of filing a civil case for a cheque bounce in Dubai or any other Emirate. Therefore, the Civil Lawyers of Dubai will herein assist you in understanding the importance of filing civil case for a cheque bounce and the procedure for doing the same.
Have A Look At Civil Procedure!
In UAE, cheque bounce is a criminal offense under Federal Criminal Law, which thereby allows the drawee of the cheque to register a criminal complaint against the issuer of the cheque. The criminal complaint will restrict the movement of the issuer by imposing a travel ban, in case he attempts to leave the country or will be detained at the airport in case he re-enters the country. In addition, the court will impose fines or imprisonment depending upon the amount of the cheque.
Considering filing a criminal case as a primary step for any cheque bounce matter through the assistance of Criminal Lawyers in Dubai. The next step, in case the drawee fails to retrieve his money is to seek redressal from the Civil Courts of Dubai. It is pertinent to note that a cheque bounce is not just a criminal case, it further allows the party to file a civil case before the civil court either subsequently or parallelly. The civil case so registered will enable the drawee to actually receive the money through a judgment or order issued by the relevant courts. Commercial Transactions Law of UAE and Civil Law governs the procedures under which a civil case can be registered against the defaulter and the brief of such procedure is as follows:
Step 1 (Serving a legal Notice)
Even though serving a legal notice is a procedure to amicably resolve the commercial dispute by sending a letter either through law firms in Dubai or by approaching a public notary. The letter will allow the other party to prevent the submission of a civil case in Dubai Courts and will allow both parties to negotiate on the amount.
Step 2 (Appointment of Lawyers)
The second step may seem relevant to most as unlike other jurisdictions, the UAE local lawyers only can represent you before the courts and submit memorandums on your behalf (in case you wish to appoint lawyers). Considering the language barrier and other procedural difficulties, it is pertinent to appoint Best Lawyers in Dubai to register your case before relevant courts.
Step 3 (Case Registration)
The third and most pertinent step is to register the case primarily before the case management officer along with important documents and thereafter receiving a court date to attend the case. It is important to note that the claimant should be present in the hearings at all dates given by the court and shall adhere to all the relevant orders issued for instance submitting memorandums, replies, and relevant evidence on time.
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ABOUT THE AUTHOR
Dr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law, and arbitration.