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Offence Of Giving A Check Without Balance

Offence Of Giving A Check Without Balance

The UAE legislator has criminalized the act of giving a draft (check) in bad faith without a sufficient standing and drawable balance pursuant to the article (401) of the Penal Code and its amendment. It has also criminalized the act of withdrawing all or part of the balance after giving the check making the balance insufficient for honoring the value of the check or if he orders a drawee not to cash the check, makes, or signs the check in a manner that prevents it from being cashed.

According to the article (401), the criminal case in the offence of giving a check in bad faith shall lapse by making the payment or getting a waiver from the victim after occurring the offence and before disposal of the case by a final judgment. If the payment or waiver has been made after the conviction by a final judgment, the execution of the sentence will be suspended.

In the Emirate of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice- President and Prime Minister of the UAE, and Ruler of Dubai has instructed to pardon the convicted person from the penalty in the offence of giving a check in bad faith and the offence of non-payment whatever the sentence issued against him (in absentia or in presence), when the convicted person initiates to pay or submit a waiver from the victim (claimant).

This has contributed actively in prompting many convicted persons to pay the amounts of check to the deserved ones or getting a waiver from the victims, thus benefiting from the instructions of His Highness to pardon from the penalty issued against the convicted person. This pardon has also led to minimizing the judicial procedures, this is in line with facilitating the litigation process, and speedy disposal in the cases, one of the strategic goals set by the Government of Dubai.

Information source : https://www.dxbpp.gov.ae/NewsPage.aspx?ID=909&Type=5

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