A complaint letter in
Arabic in letterhead bearing the stamp of the company/firm. Letter
shall include name of Issuing party, Address, Contact number, Cheque
number, Date, Amount, Name of Bank and purpose of issue.
License copy of both companies (Passport copy if the party is a person).
Cheque original and copy along with bank report
Authorization letter/Power of Attorney for the complaint reporting
Submit above mentioned documents to the nearest police station, along with
Dh20 as fees.
• The report will be investigated internally and you will be given a
• The Department of
Investigation will contact the issuing party to recover the money
amicably, if failed, will take legal actions against him and put the
case in nation-wide criminal record.
Report bad cheques through Dubai Police App
People can now report bounced cheques through the Dubai Police App or
mobile website without visiting police stations. The feature is
available on the app under “mobile services”.
STEPS: Take photos of cheques, fill a quick form with some
details, and the police will then issue the sender a letter, which the
user can then take to the bank. The bank will then deal with the
police for the rest of the procedures.
There are two conditions to reporting a bad cheque: It should be
issued within Dubai and the validity period of the cheque to be cashed
has not expired.
Frequently Asked Questions Cheque is proof of money lent
lent Dh200,000 to one of my friends in November 2008 and got an
undated cheque against it from him. After promising me that he would
repay the amount for the past two years, he has now refused to do so.
Can I initiate a criminal case against him? A: To
initiate a criminal case against the debtor, you have to produce a
bounced cheque to the police. Hence, you have to deposit this cheque
to your account and if it returns bounced, then you are entitled to
report this to the police. Alternatively, you can proceed with a civil
suit directly based on the cheque as it is a proof of debt.
Stale cheque Q: What
is the liability of the drawer of a stale cheque in Dubai? Is the
drawer obliged to write another cheque in exchange for a stale cheque?
Generally speaking, a cheque is given for payment of any underlying
transaction. Hence, it is the duty of the drawer to pay the amount
either by giving another cheque or by paying in cash.
Furthermore, a stale cheque cannot be deposited in the bank. However,
the same stale cheque is still valid for establishing a civil right of
claiming the amount of the cheque from the same person.
Thus, you got a right to file a civil case within 15 years against the
drawer for the amount of the cheque as per Article 473 UAE Civil Code.
Conviction: Criminal court or civil court
The criminal court and civil court function separately. When the
reciever of a cheque (which bounced) files a complaint in the police
station against the issuer, the case is forwarded to the public
prosecution and then to the criminal court. The criminal court may
convict the issuer (based on evidence provided by the complainant) and
give him two options - pay the money or go to jail.
However, in case of failure to get cheque amount despite imprisonment,
the complainant should present his case to the civil court to claim
the money along with documents and evidence to prove it. The civil
court could then either demand the issuer to pay or face jail term.
Completed jail term; what next?
If a certain person was convicted for a bounced cheque case and has
served jail term, he or she stands released after the period. However,
if the original complainant files the case again in the civil court,
he or she will have to pay the unpaid amount or go back to jail. In
case there is no pending or second case once the jail term is
completed, the person is free to leave the country after collecting
his impounded passport.
Who signed the cheque?
In companies or partnership firms, not all partners or stakeholders
can be held liable in the event of a cheque being issued without
sufficient funds to pay it off. The criminal liability shall be borne
by the individual who signed the cheque - whether it be a manager or
another partner. Other people's private funds have no bearing on the
value of the cheque. Its value shall be realised only through the
assets of the company.
However, if the losses or lack of funds, which resulted in the cheque
bouncing of the company, are proven to be a result of any kind of
fraud by the owners or partners, the case may take a different
Owners or managers abscond
If it is proved that the company, which the complainant has dealt
with, does not have enough funds to settle the cheque’s value, he or
she can file a criminal case against the manager who signed the cheque,
even if he or she has left the country. After a judgement is issued,
the questioner may request the concerned authority to include the
manager’s name in Interpol’s wanted list. (GN)
UAE Employment Visa related service at
Thiruvananthapuram, India. Our package includes: pick from your arrival point
(Railway/Bus Stand), Accommodation, Medical (if required), Medical
Certificate Attestation using our Credit Card without you standing in
the queue, necessary guidance and drop at your travel point.
Emigration clearance for Housemaid: After completion of e-Migrate
procedures at Indian Consulate/Embassy in UAE, we can arrange
remaining procedures for Emigration clearance.
Explore International, Call +91-95 390 51 386, +91-894
33 28 266