What should you consider before swapping the old cheque?


It has been lately noticed that due to commercial requirements there might be a possibility of swapping the cheques and for some alternate reasons, although there is an agreement for swapping, the first cheque was not returned to the issuer of the cheques.
Ergo, the question before us is even if the first cheques was swapped with the second, can the beneficiary still file a criminal case against the issuer on the first cheques. UAE Penal Code under Article 401 empowers the holder of the cheque to file a criminal case against the issuer in case the cheque is returned by the bank for any given reason.
The article reads as follows: “a person who issues a cheque with a bad intention and knowing that he did not possess sufficient funds or withdraws the funds from his account post issuing the cheque to ensure that the cheque cannot be cleared shall be sentenced to imprisonment or fine.” In accordance with the aforementioned provision, it is clear that the possessor of the cheque has the right to file a criminal case for any cheque returned by the bank. It further implies to the fact that if the issuer, post swapping does not claim the first cheque nothing can prevent the holder of the cheque from encashing it or from filing a criminal case against the issuer.
This has been further agreed upon by the Court of Cassation under Case number 183 of the year 2008 dated 16 June 2008, wherein the court confirmed the fact if the issuer swaps the cheques with another and even if the new cheques have been en-cashed, it still does not release the accused from the liability as a criminal under any criminal case filed by the beneficiary under the first cheque. It is strongly recommended to all our readers that in case the receiver of the cheque argues that he lost the first cheque or that it does not exist anymore, in order to ensure the waiver or to get released from all potential liability in future, it is recommended to get such waiver letter drafted by the lawyer and attested if possible.
It is further essential to note that if it is mentioned on the back of the Cheque that it shall be encashed only post seeking a written consent or it cannot be encashed unless a certain condition is fulfilled or executed it may lead to the court to consider that the concerned cheque is not subject to criminal protection or it is invalid to pass a judgment against the issuer of the cheque. The rule was replicated by Al Rowaad Advocates and Legal Consultants under Case number 364 of the year 2008.
Source: Free Articles from ArticlesFactory.com Dr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law, and arbitration..

Top blog stories

A review of Idmobile.com

Idmobile.com offers both pay-as-you-go and contract plans. Pay-as-you-go plans are ideal for customers who don't want to be tied down to a long-term contract, and they can purchase bundles of data, minutes, and texts as and when they need them.

see post

A review of Idmobile.com

Idmobile.com offers both pay-as-you-go and contract plans. Pay-as-you-go plans are ideal for customers who don't want to be tied down to a long-term contract, and they can purchase bundles of data, minutes, and texts as and when they need them.

see post

AO.co: Online Shopping Made Simple

AO.co is a trusted expert in TVs, washing machines, clothes dryers and other household appliances. AO.com is one of the largest retailers in the UK and it specializes in electronics, clothes and home furniture.

see post

For our people.

At Three, we believe phones are good. They just make life better. Easier. And more fun. But we all need to find a balance that works for us. Our mission is to help our customers use their phones to live their best lives.

see post

We make your life easier

We make your life easier Since 1992, we’ve been helping customers get the best deal on their dream phone. We firmly believe in giving you the highest quality, for the lowest price. That’s why we work with three of the UK’s leading networks to do all the haggling for you,...

see post

FOUR BRANDS BECOME ONE. CURRYS.

Currys PLC is a leading omnichannel retailer of technology products and services, operating through 800+ stores and 16 websites in seven countries.

see post

Halfords - Quicker, Easier, and Convenient.

At Halfords, we're all about the journey. With more than 700 stores with over 10,000 colleagues, we're the UK's leading retailer of automotive and cycling products. We are also the leading operator in MOT, tyres, car servicing and car repairs - pleasing more than 750,000 customers every year.

see post

FOUR BRANDS BECOME ONE. CURRYS.

Currys PLC is a leading omnichannel retailer of technology products and services, operating through 800+ stores and 16 websites in seven countries.

see post

Sky - Epic. Endless. Entertainment.

It's important to us that everyone gets great customer service and can enjoy our products, no matter their level of sight. So, if you're blind, partially sighted or struggle to see or read the screen, we’ve a range of features to help you get the most from our products and...

see post

Nasty Gal - We exist for the “girl in progress”.

Look iconic, without the hassle— using Nasty Gal discount codes, you can shop your favorite pieces for way less by simply entering one of our promotional codes (of your choice) at the checkout. From delivery offers, to promo deals, we keep ‘em coming, so you always have the offer you...

see post

Digital Publishing From Past to Now

The Covid-19 has caused the school and universities to shut down around the world creating a major issue in Learning and Education. As this virus spreads through the interaction and if social distanci... The Covid-19 has caused the school and universities to shut down around the world creating a major...

see post

Why it’s Important to Manage Your Holiday Calendars?

A printable calendar 2021 is a prominent online platform where you download printable calendars of your choice. These calendars can be customized as per our client requirement with photo, text, logo, or any other image. If you are thinking of planning a dream vacation tour with family and kids but...

see post

The Effects of Yoga on Body and Soul


In correspondence to the needs of these components here comes inner peace, knowledge, and health (Woodyard, 2018). Inner peace is a spiritual need of a soul while knowledge and health are psychologica... In correspondence to the needs of these components here comes inner peace, knowledge, and health (Woodyard, 2018). Inner...

Major Differences between Behavioral and Contingency Leadership Theories


The behavioral theory tests the capacity of the leader whether he is efficient enough to handle tasks or not. The contingency theory tests the impact of the load ad nature of the work on the l... The behavioral theory tests the capacity of the leader whether he is efficient enough...

Leadership Paradigm Essay


It is a framework used to deliver the basics of studying, interpreting, researching, and knowledge relevant to leadership. The variation in leadership classification has led to the constant change in paradigms over the past 60 years. The paradigms of leadership set out the rational design for the creation of an...

Top 5 Important Etiquettes for Sending Funeral & Sympathy Flowers


Know about funeral and sympathy flower etiquette before sending them to the grieving family's house. Read these important tips before you send funeral flowers   When words are not enough, your kind gestures speak for you and express your deepest feelings. Losing someone is a silent pain in which the person...

Why Emergency exits are most important?


Emergency exits are a means of escape from any accident or risk situation . For this reason, they must be marked and visible. The purpose is to be able to prevent loss of life, avoid injuries or protect the property of the establishment.   Emergency exits are a means of escape...

How to Keep Your Money Safe During Turbulent Times


One essential financial decision every smart and money-conscious person must make, asides from how to make money, is how to save their money. Of course, you have endured all the hustles and bustles involved in gathering wealth, and you finally have some money to your name.  One essential financial decision...

Three Safest Ways You Can Secure Your Gold Bullion Investments


Investing in precious metals like silver and gold as a preventive measure against inflation has got to be one of the best investment decisions you ever made. However, now that you have gotten your valuable metals, either in coins or bars, it is essential to consider protecting them adequately.   Investing...

Top 6 Reasons Why You Need a Land Surveyor


Many times, people do not understand why they need a land surveyor. Apart from bridging the gap between design and construction, land surveyors add a lot of value to your building project.   Many times, people do not understand why they need a land surveyor. Apart from bridging the gap between...

Steps of carbon and sulfur analyzer to analyze chemical composition of seamless steel pipe


The carbon-sulfur analyzer analyzes the chemical composition of seamless steel pipes. The principle is that the carrier gas (oxygen) is purified and then introduced into the high-frequency furnace. Steps of carbon and sulfur analyzer to analyze chemical composition of seamless steel pipe  The sample is oxidized by oxygen at the...

Amazing Guide to Conquer Professional Street Photography


  Photography is an art that takes years to master. You work over your camera handling skills, camera settings skills, and you find out ways to work with various props, lights, subjects, and you also... Photography is an art that takes years to master. You work over your camera handling skills,...

Search topic

Amazing Guide to Conquer Professional Street Photography

  Photography is an art that takes years to master. You work over your camera handling skills, camera settings skills, and you find out ways to work with various props, lights, subjects, and you also... Photography is an art that takes years to master. You work over your camera handling skills,...

Learn more