Public Prosecution is not required to keep victim up to date about case

  • Published: 00:13 October 30, 2009

SUBJECT
Society

A reader from Dubai asks: I keep reading almost every day in Gulf News how people issuing bounced cheques are being caught and jailed to pay up, even for small amounts of Dh10,000 or so.

I know someone who gave me a cheque for Dh250,000 that bounced. I lodged a complaint with Dubai Police for months with no result.

I finally talked to CID (Criminal Investigations Department) who told me to go and wait for the person in front of his office and call them once I see him so they can come and arrest him. The person had actually changed his office address.

I managed to get the new address and managed to locate him with no help from the police. I called the police on the spot and they came and arrested him.

I went to check with them about the next step and I was sent from one office to another with no result.

Ten days later, they told me he was released on bail for 30 days. No one spoke to me during that period. The bail period ended two weeks ago and still no one called me. This has been dragging since March this year.

I would like to know what to do next. I want to take this further to at least get the value of the cheque. Can you please advise me what legal route I can take?

I would like to clarify to the questioner that he should have followed the complaint that he had made against the one who issued the cheque and referred to the Public Prosecution, as the latter may have referred the accused to the Criminal Court.

The Public Prosecution informs the victim neither about the status of the case nor the date of referring the case to the competent court as they are not required legally to do so.

Therefore, I advise the questioner to approach the Public Prosecution as well as the competent courts in order to make sure of the status of the case.

If the accused has been referred to the Criminal Court, the questioner shall apply for such court and demand his right to the full amount of the cheque or to file a case before the Civil Court if the case before the Criminal Court is over.

- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.