Have you been in a situation where you issued a cheque, however, later paid
the cheque amount in cash to the beneficiary but, the beneficiary failed to
return the cheque or refuses to return the cheque. Shockingly, he deposits the
cheque in the bank, receive a dishonored statement and files a case against
you. Criminal Lawyers of Dubai consider it as a fake case registered against
Dishonored cheques are considered as a crime in UAE under Federal Law number 3
of 1987 on UAE Penal Code. Nevertheless, the accused can very well submit a
defense stating that the amount of cheque has already been paid in cash, only if
he has the proof of payment. Moreover, if he can prove that the beneficiary of
the cheque failed to return the cheque or denied returning the cheque.
The similar approach was taken by Criminal Court of Cassation under case number
334 of the year 2002, wherein the court confirms that the beneficiary indeed
filed a fake criminal case when he already received the amount of cheque in
cash. The court of First Instance issued an imprisonment of two (2) months along
with a fine of AED 5,000 (UAE Dirhams five thousand) and the case was rejected
in the Appeal court and in Court of Cassation.
Pertinently, it is not important to focus on who filed the case but the
critically examine what sort of fake statements were submitted before the public
prosecutor or the court. The significant concern in such scenario and which
works as a defense that the cheque was issued as a guarantee cheque and the
issuer of the cheque has settled the amount by paying cash. Ergo, it is does not
authorizes the beneficiary to submit a cheque case, wherein he has already
received the amount of the cheque.
It further pivotal to prove before the court that the beneficiary of the cheque
was aware of the fact that he has received the money and yet intentionally
denied returning the cheque. In such circumstances, the court will not consider
it as a cheque bounce case and will.
Lastly, if you have been cheated like this or someone has raised a fake cheque
case against you, it is high time for you to appoint legal representative who
can submit good defense or can advise you the legal procedure ahead and can
safeguard you from any possible criminal liability.