A reader from Dubai asks: I have a cheque towards an amount of money I gave to the cheque issuer six months ago. The said cheque was returned from the bank unpaid for insufficient funds; upon approaching the cheque issuer, he paid me half the amount of the cheque and since then I have been trying with him to get the balance of the amount, however, there is no hope to get the remaining amount. When I told him that I would present the cheque to police, he stated that I cannot do so because: 1- it is written on the reverse of the cheque that I have received half of the cheque amount; therefore such dispute has become before the civil court not the police. 2- I am the one who wrote the full information of the cheque such as the date and amount of the cheque and the cheque issuer has only signed the cheque. Does this mean that I can not present the cheque to the police? Please guide me in this regard.
I would like to clarify to the questioner that he may present the cheque to the police; he can merely inform the police that he has received half of the amount. As for the information written by the questioner in the cheque, this does not prevent the questioner from presenting the cheque and by doing this, the questioner is not considered to be breaking the law.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.
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