Question:
I have a cheque from a person that I presented to the bank, and it was found by the bank that the cheque does not bear the signature of the owner of the cheque. My question is that the cheque is a large amount, and I am afraid that the owner of the cheque will run away. What is the appropriate action to take against the issuer of the cheque so that it does not run away, and should I file a civil case against him to claim the value of the cheque? Please advise.
Answer:
To answer such a question, I would advise the following:
You have to file a criminal case because the signature is not related to the issuer of the cheque which shows that he deliberately signed it in a way to prevent you from withdrawing its balance.
Article (675) of the Commercial Transaction Law No 50 of 2022 states (“Whoever commits any of the acts below shall be subject to the punishment of imprisonment for no less than six months and no more than two years in addition to a penalty of no less than 10% of the cheque value, subject to the minimum of Dh5,000 (AED Five Thousand) and no more than twice the cheque value, or any of the two punishments:
1. Ordering or asking the drawee, prior to due date, not to pay the value of a cheque he has issued, with the exception of the cases provided for in Articles (620) and (625) of this Law.
2. Closing the account or withdrawing all available fund therein before issuing the cheque or before presenting the cheque for payment or if the account has been frozen.
3. Deliberately writing or signing the cheque in a way that makes it unpayable.
Penalty shall double in case of repetition.
Upon filing a criminal case, he will be directly banned from traveling and after you got the judgment you have to file a civil case against him to recover your money.
