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01 8Thingsto Remember about Bounce Chequein UAE
02 INTRODUCTION Acrime is defined under the principles ofthe criminallawinUAEand may result inpenaltiesandcriminal penalties, which may be very strict and harsh, asapprovedbythecriminal lawyers in Dubai. Entities and foreign stockmarkets,banks,loansand borrowings, finance lease agreements, purchaseandsaleagreements,oranyof the individuals are not the only places whereyoucanfacethistype of issue.
03 Reasonforthe declineofcheques The main reason for the declineofcheques is the apparent inability of the debtor to repay the amountsduetothe lenderbythe creditor ontheduedate
04 Precautions ItisadministeredbytheUnitedArab Emirates Federal Law, and (3) of 1987. As a result, it is very important for the UAE citizens to take the necessary precautions to be taken, but also for all those who are involved in a commercial business in the united Arab emirates, in order to ensure that all the necessary conditions for the work of the Chequecarefully to be taken into account. Thearticlealso discusses the effects of which can be found in the caseof theBouncing ofCheques.
05Sufficient Funds Honestintentions,andaresomeofthe qualities that a judge is looking at, at first, in thecaseofthestartoftheprocedure. Therefore, in order to avoid such a situation, it isnecessarytoensurethatthebank submissionaninvoiceandsavesit toa sufficient amount in the bank. Article 599 of the act provides that the drawer must have a depositamountofmoneyinthebankand clearance of the full amount as indicated in the cheque.Ifthereisnopaymentmadewithinone yearofthe blame on him,and the Cheque holderhastheright,attherequestofthepayer, i.e the bank to provide a copy of the issuer's bank account on the basis of which they can takefurtheraction.
06 BouncedChequeforViolations: ItisSaidthatthechequeisbouncedwhenthepayingbankrefuses toChequeinonthedayofdeliveryduetothe followingreasons: Iftheissuer doesn't allowthebank tocashaCheque. TheBankwillrejecttheissuanceoftheChequemark,iftheissuingbank,theaccountdoesnothave sufficientfundstopaytheamountspecifiedonthevoucher, eitherinpartorinitsentirety. Ifthesignatureonthechequedoesnotmatchtheoriginal. In any case, it's the bank, not to Cheque, that, for reasons of safety and security. The bank accountassociatedwiththedrawerhasbeenclosedtoday.
07 Theliabilityforaviolation Asa Cheque, it is a commercial payment instrument is based on the product ofthe availabilityoffunds in the issuer's accounts, as wellas at the box.UAELawTrade Transactions Services to any person, or with a Cheque, or the presenter of the cheque with a remedy under Article 632 stating, in which the receiver of a cheque can take action against the participants and the participants is responsible for the payment of the amount duetohim,ontheconditionthat chequeis presented to the drawee by the payee within the time frame and despite his protestandefforts,nopaymenthasbeeninitiated. Acopy ofthe issuer's bank account can be used as proof ofthe non-payment ofthe amount,inspite of alltheprotests of thepurchase.
08 ThedurationoftheCheque ofthesubmission ThedeadlineforthesubmissionoftheChequeindicatedonthevoucherby thedraweronthedateofissuingaCheque.Inarticles,617,and618putthe time frame for the presentation of the Cheque. According to the article, and the Cheque could not be delivered before the deadline, and in the second article, which is the period of time during which the Cheque holder shallbe entitledtotheChequeofsixmonthsfromthedateofitssubmission.
09 TheProcedureforapplyingtothecourt The inability to pay the cheque shall be evident of the drawer from the bank statement upon the bouncing of the cheque. The bank statement is provided to a beneficiary on his/her request by the drawee bank and he can't refuse to do that. It'stheonlyoptionthatthepayerhas,duringthe three-day grace period in order to grace period for the purpose of contacting the drawer, and thenheisobligedtopresenttothepayee.
10 The Dubai Police app is a platform which is available to the beneficiary in the event they wish to make a complaint to the police about a denied receiving it. In next step, in relation to the process is that the police police will summon the drawer,wheretheyaregoingtohavetoexplainthereasonforallofthis.Another stepthatyoucantaketoensurethatthelegalproceedingsagainstthem,andthat it can only receive a refund of the amount paid at the police station. He can also askforacertainperiodoftimetopayoffhisdebt,whichneedstobeprotectedby the seizure of his passport to the police station. Upon the filing of a complaint, any other consequence is that you need to see, in the context of a criminal investigation, and that his name would be issued with an exit ban, or a warrant foryourarrest. Subsequently,thecasewastransferredfromthepolicetothepublicProsecutor's office, which is responsible for the examination of the application. On the basis oftheresults oftheinvestigation,thepublicProsecutor'soffice,itwill eitherbea pledge for the payment of the debt due, the acceptor, or to empty the detention blockfornon-payment,forthecasewhere,intheopinionofthecourt.Afterthat, the case is turned over to the court in which the court is to proceed to the considerationofthecaseinviewofthepresenceoroffensewerepresentornot CriminalCharges
11 Civil procedure The civil court will pass the decree for either payment of the debtinfullor for payment oftheamountleftforthe payment. Incase the accused fails to pay the same, he will be charged for yet another offense, i.e. for not following the court’sorder.Ifatthe endofthejailterm,thereisno pending case against the issuer of the bounced cheque, the mattergetsterminated.
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