United Arab Emirates:
UAE Legal Q&A: Is It Possible To Request The Return Of A Cheque?
22 May 2017
Awatif Mohammad Shoqi Advocates & Legal Consultancy
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Question: A friend of mine gave a cheque to a
supplier to deliver goods but the goods were not received. Does my
friend have the right to instruct the receiving bank to not cash
the cheque?
Answer: Unfortunately, your friend cannot do
that. Once a cheque has been signed and delivered it is illegal to
try to have it returned. Article 401 of Criminal Law 3 of 1987 and
its amendments state that a bounced cheque crime could be
established even from the person merely issuing instructions to the
bank not to cash it. The Supreme Court explained in one similar
case that the charges remain valid regardless of whether the
commitment from the other party has been fulfilled.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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