I work in Abu Dhabi as a technician and I have a ban from travelling out of the UAE due to a bounced cheque. Is there any possibility of getting my residence visa renewed?
A cheque had bounced last year in Abu Dhabi, and I was reported to the police who kept me in a cell for 20 hours. I was then taken to court and was asked to pay Dh1,500 and the issue was cleared. I was not made to pay the whole amount (Dh17,000) which I owed the bank. Is this common procedure in Dubai, as well? I have a case pending at Rashidiya Police Station in Dubai.
It is understood that you are working in Abu Dhabi as a technician and a travel ban has been imposed on you due to dishonour of cheque(s) issued by you, in Abu Dhabi and Dubai.
The provisions of the Federal Laws are applicable regarding dishonour of cheque in the UAE and therefore the procedure of dealing with dishonour of cheque cases in the courts shall be the same in Abu Dhabi as well as in Dubai and the entire UAE.
However, we advise you that dishonour of cheque cases are usually both criminal and civil in nature. The signatory of a dishonoured cheque is liable for criminal prosecution on a complaint filed by the beneficiary of the cheque.
Whenever a cheque is dishonoured by the banker of the beneficiary (bank in your case), a criminal case may be initiated by the beneficiary of the cheque who shall be the complainant in this matter. Article 401 of Federal Law No. 3 of 1987 on issuance of Penal Code (the "Criminal Law') of UAE states: "Detention or a fine shall be imposed on anyone who, in bad faith, gives a draft (cheque) without a sufficient and drawable balance or who, after giving a cheque, withdraws all or part of the balance, making the balance insufficient for settlement of the cheque, or if he orders a drawee not a cash a cheque or makes or signs the cheque in a manner that prevents it from being cashed.
The same penalty shall apply to anyone who endorses a cheque in favour of another or gives him a bearer draft, knowing that there is no sufficient balance to honour the cheque or that it is not drawable."
Based on the above provision, it is the discretion of the Public Prosecution Court to decide the quantum of punishment, that is whether it should be fine or detention or both. Normally, a travel ban is imposed on the person who has signed a dishonoured cheque.
Since you were cleared of the criminal case filed against you, the bank may file a civil claim against you for the amount on the cheque and seek a travel ban, in accordance with Article 644 of Federal Law No. 18 of 1993 on the issuance of The Commercial Transactions Law, which states: "If a penal action in any of the cheque-related crimes provided for in the law of penalties have been filed against the drawer, the holder of the cheque who claims the civil right may sue the court for obtaining an amount equivalent to that of the cheque or to the extent of the unpaid amount of its value, apart from the compensation when necessary."
Since you have been cleared on the criminal case filed, you may follow up with the court to lift the travel ban against you, assuming there is no other case pending against you, whether criminal or civil. A claimant may seek a ban travel ban from the court in case of a civil case, as well.
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