First check about charges framed being extradible or not. 

The UAE cheque bounce laws are very stringent and moreover India has bilateral extradition treaty with UAE. Please speak to some local lawyer, find out in detail if the charges framed are in the list of extradible crimes. You are in a difficult situation and unfortunately ruling set up in our country is not so sensitive and supportive to normal public, so if UAE asks for your extradition on proper grounds, things could be worse for you, ofcourse your offense coupled with our ruling mindset of showing to other countries that we are being good law abiding country may be against you. I am not supportive of your offense but a regulatory offense like this has been made quite troublesome in many countries. 

Dear Bhuvnesh, First of all do not send SOS call to people around because it may backfire on you as some of the agents from UAE would also be the member of LCI. First of all read section 188 Cr PC carefully and search some of the judgment related to crime committed overseas being Indian National. Under Section 188 CrPC cognigence can be taken if complaint is raised in Indian courts but accused can not be prosecuted unless sanction is taken from the Central Government. Normally the banks ask you to deposit un-dated cheque as guarantee so that they can use it against you in case of default. But if you had already left UAE and by luck they have bounced your cheque 6 months after your departure then it would be a crime committed by the bank by putting a back date on the cheque. But if the cheque is bounced legally then they can file case against you in the UAE. For precaution you can shift your residence if your passport states the same address where you reside pesently.

The second strategy which banks at UAE now adopt is that they hire some loan recovery agents at India, who have criminal backgrounds and they may threaten you, intimidate you, coerce you and blackmail you but keep you nerves intact. If you receive any such phone calls then immediately report this matter to police but if you receive any email then simply ignore it and do not get intimidated by emails. Fools talk of extradition treaties because they themselves do not know what is the actual extradition. By taking loan to the amount of 400000/ dirhams one does not become a dreaded criminal to be arrested by interpol. Many Magistrates in Indian courts ofcourse are pack of fools and react very foolishly but do not worry that would be the last resort.

If you feel that I could be of any help to you then write me at gngdhar70@gmail.com, I would be delighted to help you. Keep your correspondance limited to some individuals and not in the LCI columns because many so-called sympathesizers would be of no help to you.

There is nothing like bankruptcy and it takes decades to do so in Indian Courts. I am also one of the victim of same case like you and now on the roads without money, without job and without a home.I lost everything because of my son and now a destitute.My sympathy is with you anf if you trust me then feel free to correspond with me. I may not be able to reply you so quickly but surely reply you and guide you to the best of my ability.

Believe in god. Regards

Mr R Tirvedi is not aware of the EXTREDICTION rules. Please learn a lot more before your comment. A half doctor is very dangerous.!!!

No citizen of India  can be extridited to another country on financial crimes. These cases do not come under section 138 of the NI act. A civil case can be files through legal means in India on approval by the GOI . No debt Recovery agents can call or intimidate anybody. That is a criminal offfence. If Mr Trivedi gives his email address I can sent a press Release by the Hon Consul Gen of India in Dubai on this issue. Learn, understand befroe advise please

Gulf News – Dubai

India and the UAE have signed an extradition treaty in 1999 but a country cannot extradite its own nationals under the extradition treaty, the Indian Embassy officials said here yesterday.But the accused can be tried in India based on the same case initiated in the UAE under the Agreement on Juridical and Judicial Cooperation in Civil and Commercial Matters signed by the two nations in 1999, said M.K. Lokesh, Indian Ambassador to the UAE

Hello George sir,

"But the accused can be tried in India based on the same case initiated in the UAE under the Agreement on Juridical and Judicial Cooperation in Civil and Commercial Matters signed by the two nations in 1999" means still there is scope for me being tried in Indian courts by UAE authorities..? Since cheque bounce is considered as a criminal offense in India too, the UAE bank and their Indian agents are telling that there is every possibility that I will land in UAE jail or India jail. Is there anyway to address my bankrupt situation and my difficult economic situation which does not provide me any scope to pay off my outstanding debts in UAE banks (total debts 400,000 dirhams equivalent to 55 lakh indian rupees). Also, it is around 6 to 7 banks this amount is spread over....6 banks amounting to 4 lakhs each and one UAE bank for 30 lakhs). Will my total debt be consolidated by UAE banks and I will be asked to pay all at one go. Or every bank will try me separately in Indian courts for debts pertaining to them individually?

Mr V T George,

Your remarks is quite unwarranted !! I feel you have not understood what I have written above, request please re read the same.

UAE cheque bounce laws are very stringent (our S.138 is quite a damp infront of UAE) and a normal person accused of criminal offense in any part of the world, can have a tough life anywhere in the world.

Request please do not make believe people make a folly of going as per media reports, many a times media reports are the abridged version of the law/decision/judgement and can lead to disastrous results. 

If you have understood please explain the meaning and feasibility of your statement taken from media report with respect to cheque bounce in UAE..:

"A civil case can be files through legal means in India on approval by the GOI.."

Moreover you have copied a part of Gulf News Dubai::

..a country cannot extradite its own nationals under the extradition treaty..

There cannot be any worse misleading statement than above, Mr George. Statement of embassy spokesperson (who may not be legal expert) is further twisted by Gulf News reporter (certainly not a legal person) and then grabed by you (not a legal person ?). There are conditions attached with each treaty bewteen two countries depending on geo political situation, but if above is the condition, then what is the treaty meant for, to extradite aliens !!

I have my concern and empathy for all the accused under S.138, because this is per say not a crime or moral turpitude issue, but law is law.

Trivediji – No offence meant, my apologies if my comments had hurt you.

Now to the points

1.       Mr Bhunavesh is in trouble. Mr Trivedi’s comment is a GENERAL STATEMENT and not at all comforting to Mr Bhuvanesh, in my view.  You are advising Mr Bhuvanesh to speak to a local lawyer in Dubai. You will be surprised at the fees for “talking” as only NATIONALS of the country can be lawyers in Dubai. Not Indians or Pakistanis. Indians and Pakistanis can be solicitors only. They can talk, that’s it. I do not agree that people should cheat UAE and run away. They should live within their means. Once this is happened, then every body will seek resolution. If Mr Bhuvanesh has money, I recommend that he settles it in full.

2.       For these type of cases, in India only a civil case can be filed (Am I correct ??). If I have a cheque case in India, I can get him to jail. Going to Jail is not very interesting and so many people settle the dues on receipt of summons. In this case, that means, Mr Bhuvanesh cannot go to Jail in India ??? He will have to pay from his assets in India, if he has any. Am I correct  ???? Please confirm.  Will he be extradited to Dubai ??? Can Mr Trivedi advise being a practicing Lawyer ??? My opinion is NO.

3.       You can imagine the delay in getting a civil case over in India. Around 10-15 years ?????? Minimum. Am I Correct???? Being a lawyer you can testify. I have a civil case filed against a person for eviction from my property and I can understand the situation I am in. It’s over 12 years now.  Still not finalised. In Dubai, this case is Criminal in nature and he will go to Jail within 24 hours till cash is paid. No verdict is required !!!! If they elope , that’s it .

4.       The Indian Consul is the “jesus” of overseas Indians. UAE media cannot be like the media of India. They will also go to jail if they report wrong or misquote any body. So there is no reason to mistrust. Since you are judging media reports based on the standards of Indian Media, I cannot blame you.

5.       21000 cheques have bounced in Dubai only (not in UAE) in 2011 as per the Head of Police. If media misquotes the head of Police of Dubai, the media is closed for ever !!! . Till 2012 June, more than 10000 cheques have bounced. These are cases registered in UAE.  From these 21000 + 10000 How many cases are filed in India ?.  Why ??? Can you give one case from your knowledge?

6.       What I understand is the Procedure for this case is to go to go to Dubai offices, get reports first  > then to Indian Consulate, – > then to Min of Foreign Affairs UAE > then TO Min of Foreign affairs, New Delhi - > Concerned state > to Concerned Department…….. ETC etc.  Do you think a person now in Dubai can do it by sitting in Dubai ???. He will waste his life in N Delhi.  The best alternative is to bring these cases under the preview of Sectin 138 or allow to file a case in India. That is not possible. So what is the option ??? nothing !.   

7.       I have completed my Law from India (30 years back) and I am a professional qualified accountant (FCA) ,  at present Managing Director of  Foreign Company in Dubai. Hence the knowledge on these issues. I am in charge if RISK MANAGEMENT portfolio of my company. I have many cheques with me bounced as part of my company business.  Nothing can be done. The signatories have eloped to their countries.  Filing a case in Dubai is also a cumbersome issue, walking from one office to another !  Translations in Arabic etc etc. Litigation is very expensive also. I am not happy at this situation of cheques and this can be the reason why there are so much cheque cases in a small place where there are only about 200000 Indians !  

8.       Hope I have not mislead Mr Bhuanesh  as mentioned by you. I only stated the practical situation of this with extracts from the press. Hope you agree with me. 

No you have not mislead Bhuvnesh, Extract of the press in the hands of common man is only for news flow, it can never be legal position...   Even the courts do not take media reports on face of it, please note that legal records are voluminous and media can only print the summary of it and you are talking about further extract, which may sometime give legally not a clear meaning. This is common to media of any place without any country or newspaper. This is mostly a perspective. So I am not comparing or misjudging Dubai media, summary is not waht the actual matter is.

1. In India also cheque bounce is a criminal offence with 2 years imprisonment, and people do get convicted, it takes time.

2. Civil case is additional to criminal  in cheque bounce.

4. More than 40 Lacs criminal cases of cheque bounces are pending in India, Dubai cases are peanuts, but then as I stated Dubai laws are very strict in case of cheque bounce and the number of transaction are also very less as compared to India.

5. The mail of Bhuvnesh says he is in India and he is fearing extradition, what I meant by local (counsel) is the place in India where is presently living, not Dubai. He can talk face to face with his counsel, provide complete information and based on that data the local counsel can give a very sound advise.

6. Civil part is the one you suggested, so for cheque bounce offence committed in UAE, and filing a civil  case in India, was suggested by you based on media report... Now you agree that it is not at all feasible.

7. A doctor and a lawyer should not always give a rosy picture to his clients, because unhappy outcome may lead to a bitter feeling, the fact is the fact. The fact is: cheque bounce is offence and unfortunately it does not bother about the present financial ability of the drawer. There are lacs of people who have taken loan (home loan) etc in good times and now the law has made them accused (despite the fact that they are willing but are not in position like Bhuvnesh), but thats how it is.

Finally remember one thing a lawyer defends, the obvious criminal in the eys of public, also, on merit or on technicality, fights tooth and nail for minimum punishment, but as a lawyer he must always convey the factual matter to his client. No goody goody always.  Lawyers are defending accused of Mumbai attack / Parliament attack. It is accused right as per our law. None of these lawyers would have told them that that they would get them out, still they are fighting.

Thrivediji – Lets not beat around the bush. Mr Bhuvnesh need to know the following as per my understanding,

1)     1.  Will Mr Bhuvnesh be deported to UAE as per the existing rules ? – My view is NO .

2)      2. Will Mr Bhuvnesh be put in Jail in India for the Economic Offence he committed in UAE  ?– My View is NO . 

3)    3.   If after all the paper work through New Delhi, if the case if finally filed in India, will that be of Civil nature only ? – My view is YES. Only recovery from his assets, if any.

4)     4.  There may be 40 Lakhs cheque cases in India. But the forum discussion was about the cheque cases of UAE if transferred to India. Of the  21000+10000 Cheques bounced in UAE, how many cases are filed in India . My View is – less than 1 %  

5)      5. and why ????????

Let us answer to the above as YES or NO or don’t Know only .  Mr Bhuvnesh will be happy . I advise Mr Bhuvanesh to settle his dues if he has the means . If not , it is always a risk of the lender in any part of the world.

This is only a forum discussion and no offence meant. 

Thank you sirs. George and Trivedi sir both i am thanking because u r giving ur precious time for me. God will bless you sure I pray. I see u both sometime argue but the truth u both are helping society with correct information. thanks again for that.

sir, if I have money, definitely i will pay. if i have asset also, i will pay. but the truth i dont have any money and i have no asset at all. all i had in UAE was a job and a decent salary from which i was regularly paying instalments, but when i defaulted for 2-3 months in one credit card, the collection department of bank started threatening me with jail consequence. sir, police, judiciary, lawyers (no indians) are arabic people, i was really scared to see them. the collection day in and day out shouting at me over phone; i kept on telling i will pay i will pay. sir, i was about to get money from some friends who owe me more money and i was repaying the banks with that money. but the collection guy gave great torture saying that he will recover full money, oh god that is too much impossible task for me. I was told that jail is the only option in UAE when the defaulter is unable to pay off debt. banks never came up with alternate repayment options like reduced instalment amount with increased term. but they treated me harshly they said daily that police will come and arrest me any time because of cheque bounce. sir , i never gave the cheque to them for any payment. i had given them the cheque as a security/guarantee at the time of applying for loan. the sales guy clearly told me that this security/guarantee cheque will NEVER be presented, but it will be held with the bank just for security purpose and it will be returned to me at the time of my closing of my loan. But when i defaulted on 3 instalment bank collection threatened me that they will present this security check and it will bounce and police will arrest. Banks threatened me like that. I told the bank that i dont have even the money required for the instalment due and so how can i clear the full amount which the security cheque will bear? To this the bank replied, they will go ahead presenting the cheque just to involve police case against me. Is the bank action justified? I was crying to them not to present my security cheque which will ultimately result in my jailing in UAE and consequently result in loss of job and curtailment of my income through salary. So it will be END OF THE ROAD for me, i clearly told the banks. I told the banks that though my financial situation was bad currently, still i hope to get a good change in my financial situation in my coming days as my company provide me good handsome annual bonus and increase in salary was also promised by my company. Had the bank accepted my situation and understood it, I would have continued the instalment payments like any good customer. But inspite of this, the bank presented the cheque and it got bounced. Before the police case get registered, i left UAE and came to India overnight just to escape imprisonment in UAE which will be a suicidal thing for me. Had the bank not presented the cheque, i would have continued to pay the instalments in smaller amounts regularly. My financial situation was bad at that time, but it will not remain bad ever because i had decent salary and with annual bonus every year. Banks never gave a thought about this despite my explanation, but they cruely presented the check just to send me to jail.

Sir I also asked you one more question. All these 55 lakhs (400,000 AED) do not belong to one particular bank, but spread over 7 banks. For 6 banks I owe around 4 lakhs and for one bank owe 30 lakhs. As the situation goes, most likely all banks will present my security cheque which will eventually BOUNCE and result in Police case in UAE. My question is - whether all these banks will come toghether as ONE UNIT and start legal proceeding against me? or every bank will individuallly proceed against me?

It was worth reading the debate but no one cares about the poor Mr. Bhuvnesh as to what he should do. Everybody is interested to show his superknowledge on the subject and I was very glad to see a very nice article sent to me by some intellectual. Everything looks nice in black and white but the one who sufferes has to face the music. I request instead of debating as to who is the best among the authors in this column could someone come up with the alternative to help Mr. Bhuvnesh? Every idea expressed by the participants is irrelevant at this juncture. The best is, Mr. Bhuvnesh had fled UAE and he can not be extradited to UAE and he will be governed by the Indian Laws in India and if god forbids the situation leads to the so-called pehenomenon of EXTRADITION TO UAE, it would be a herculean task for the UAE to do so and atleast for 20 years he would be safe in India. He may have committed a crime by standard of any criminal law as his cheque has been bounced but if that cheque was undated and date has been put by the bank at UAE and the date luckily happens to be after his departure then it is a forgery and no court in India would accept that cheque to be genuine.

Reagards

Law does not go by sentiments,  In general we do not express any feelings for lacs of cheque bounced accused in India, but since it is the matter of our man getting into UAE we are so concerned. We are not bothered about thousands of under trial stuck in our jails who could be released, but we make a big noise about couple of people stuck in Pakistan jails.

He took 70 Lacs loan, put into bad investment for which Banker's are not bothered, now the law has criminal remedy, however harsh it may be. He should have known that a person who plays on debt money, may have uncomfortable future.

1. His cheque bounced, blank or otherwise, its a matter of trial.

2. He could not repay his loan.

3. He has run away from the principal place of liability.

Even our law will not support if him, I am not saying that we should throw him to the feet of UAE law agencies, but he needs our empathy not sympathy. He may not be the criminal in true sense, but then he is the offender.

In such matter without seeing the full record no one can give precise advise, I had asked him to collect the entire data, show it to the local (where he is staying now) counsel and see what best comes out.

Yes Mr. Trivedi, I expected such soothing and concrete suggestion on the subject but the Indian Law also says that absconder is not considered 'Guilty" because there may be many reasons for the accused to fled away and one is the unfriendly environment and adverse conditions at UAE , cruelty towrads accused by any police in the world and especially the Indian police and UAE police who still are barbaric and inhuman towards the other religions, the language barrier at UAE and the person involved had no recourse. But I would suggest him to read 188 CrPC where if god forbids cognigence can be taken of the crime under 138 NI Act but for trial it requires sanctions of the central government.

Thanks and Regards