UAE legal Q&As: Is it possible to request the return of a cheque?

A reader asks about the legalities of asking for a cheque to be given back, while another asks about compensation after being injured in a car crash.

A friend of mine gave a cheque to a supplier to deliver goods but the goods were not received. Does my friend have the right to instruct the receiving bank to not cash the cheque?

Unfortunately, your friend cannot do that. Once a cheque has been signed and delivered it is illegal to try to have it returned. Article 401 of Criminal Law 3 of 1987 and its amendments state that a bounced cheque crime could be established even from the person merely issuing instructions to the bank not to cash it. The Supreme Court explained in one similar case that the charges remain valid regardless of whether the commitment from the other party has been fulfilled.

While I was driving on a motorway in Dubai, a man hit my car from behind and I had to be taken to hospital. The man was arrested at the scene. I would like to know what I can claim for and if there is a time limit on filing a civil claim?

You have the right to claim for the physical and moral damage you sustained and the loss of potential income in accordance with Article 292 of Civil Law 5 of 1984 and its amendments. You can file a case at the civil courts to claim such compensation and there is a time limit of three years to do so, in accordance with Article 298 of the same law.

If you have a question for Mr ­Elhais, email [e-mail] with the subject line ‘Know The Law’.

Since publication, legal advice can become outdated due to changes in legislation.