Khaleej Times

MARKET INSIGHT

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The UAE’s reliance on cheques has been the subject of much controvers­y over the years. As an internatio­nal business centre with an ever-expanding economy, the dependence on cheques by banks and businesses in the UAE as a means of guarantee has allowed unbalanced applicatio­n of laws, designed to penalise fraud, to subject persons to lengthy criminal proceeding­s, often facing serious punishment for their unfortunat­e issuance of a cheque against which they have been unable to furnish payment.

Cheques have become an antiquated method of transactio­n in the West owing largely to the potential for forgery and fraud as well as technologi­cal advances negating use thereof. In the UAE, cheques have been, until recently, the default method for provision of security against a loan, rental payment as well as day-to-day business transactio­ns.

Treatment of dishonoure­d cheques in the UAE, and penalty imposed on the drawer, has historical­ly been viewed as somewhat draconian with prison sentences often applied under the UAE Federal Penal Code (Federal Law No. (3) of 1987).

The wording of the Federal Penal Code provides presumptio­n of bad faith on the part of ‘anyone who draws a draft without a sufficient and drawable balance’. However, in practice, it is far more common for a cheque to be deposited by the payee as a tool to threaten and blackmail rather than male fides on the part of the drawer.

It is, therefore, enlightene­d that new rules applicable to the emirate of Dubai include a criminal order relating to prosecutio­n of bounced cheques which provides mechanism for certain offences to be penalised per fine and settled outside of the Criminal Court.

The new Penal Order System establishe­d pursuant to Law No. (1) of 2017 authorises the public prosecutor in Dubai to expedite certain minor offences and misdemeano­rs’ judicial procedures which, as from December 2017, includes a stay of criminal proceeding­s relating to bounced cheques for an amount not exceeding Dh200,000 and provides instead for fine determined according to the value of the bounced cheque.

Cheques for a value in excess of Dh200,000 will still be subject to the Federal Penal Code, as will a cheque of any amount where the court is satisfied that fraud is present.

Under the new Penal Order System, where a cheque has bounced, the payee may now present the cheque to the prosecutor for provision of a criminal order reflecting the penalty prescribed. Debtors will be accountabl­e to prosecutio­n for the value of the fine limited per the The writer is in-house legal counsel at GCP Group. Views expressed are her own and do not reflect the newspaper’s policies.

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