This is in accordance with Article 401 of the UAE Penal Code stating that:
a person who issue a cheques 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 an
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 prescribed limit before the relevant
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 a 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.