Bounced cheque cases don’t end with prison term or a fine in UAE

Contrary to the popular belief that bounced cheque cases in the UAE can be closed by just paying a fine. It is within the rights of the victims to file civil cases against those who issue such cheques.

The legal order legislation approved by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, through Law No (1) of 2017, helps to improve the judiciary’s efficiency and reduces its workload while fast-tracking the litigation process in Dubai.

According to the Legal Order Law No 1 of 2017 which came into effect on December 2017, people with bounced cheques worth less than Dh200,000 can be punished by the prosecution without the case being referred to the judges, with the payment of a maximum fine of Dh10,000.

Judge Ayman Al Hakam of the Dubai Courts said the issuer of a bounced cheque should not think that he can pay the fine and get absolved, as the receiver of the cheque can assert his rights by going to the Civil Court.

“The issuer of the bounced cheque may think all that he needs to do is pay a fine if he can’t settle the case. But the victim can still exercise his rights by opening a civil case against the issuer of the cheque for the amount of the cheque plus compensation. Bounced cheque cases don’t end with paying the fine,” he noted.

The order fined people accused of issuing bad cheques for amounts not exceeding Dh200,000 between Dh2,000 and Dh10,000 depending on the cheque value. “But paying a fine is not the end to this case, the plaintiff can legally file a civil lawsuit against the person who issued the cheque to claim its value.” if the Civil Court rules in favour of the plaintiff, a 12 per cent interest rate will also be added to the value of the cheque starting from its issue date. The accused is obliged to pay the amount along with legal charges.

Fines for bounced cheques
    Bounced cheques worth Dh1 to Dh50,000: Dh2,000
    Bounced cheques worth Dh50,000 to Dh100,000: Dh5,000
    Bounced cheques worth Dh100,000 to Dh200,000: Dh10,000

In the case of Civil Case: If Civil Court rules in favour of the plaintiff, the accused could be asked to:

•     Pay full value of the cheque
•     Pay 12 per cent interest starting from the issue date
•     Pay Legal charges
•     Face travel ban
•     Have assets frozen until final judgement