Cheque Bounce case in UAE: First of all I must THANKS to all the participants in the debate but sorry to add with apology to Mr. Bhuvnesh who had made it very abundantly public and apprehensively had been asking very superficial questions but at the same time it is wise to buy umbrella before it rains. As we in Hindi say that, “KA BARKHA JAB KRISHI SUKHANE”.
a) As per UAE law the loan is a civil matter between the bank and the individual but cheque bouncing is criminal in nature.
b) However Mr. Bhuvnesh is not sure as to whether the monthly installments cheques or the security cheques have been bounced and if that be so whether the case has been made out against him in the court at UAE or not?
c) If either of the cheques have been bounced then he has to ensure whether those have been bounced prior to his departure or otherwise.
d) He is very much afraid of extradition to UAE as if he is citizen of some banana republic where he could be kidnapped or abducted at will by the agencies at UAE. He is undergoing some phobia of extradition and I would suggest that if bad has to happen then why not to expect for the disaster.
e) If security cheque/s have been bounced and is not considered any evidence for conviction in the Indian courts (Many thanks to Mr. Trivedi for the update) then he can not be extradited to UAE because the extradition is based on a very simple fact that it should be considered evidence in both the countries.
f) As many of the Islamic countries follow Sharia or Islamic law and UAE is also one of the same then I do not think that the Indian Courts would readily accede to UAE demand for extradition of any Indian. (But sorry to add that it is my speculation).
g) It is irrelevant whether bank or banks club the case together as the crime is a crime.
h) The banks at UAE had disbursed Mr. Bhuvnesh the loan or issued the credit card without analyzing his capacity to repay including on the very simple guarantee that he was employed at UAE and earning a handsome salary and if he had departed to India before the cheque/s were bounced but he could not go back to UAE within six months due to home exigencies thus his re-entry to UAE was blocked and he lost the job because of long absent and now he had no source to negotiate with bank being penniless.
i) And if the banks negotiate with the defaulters then presumably they also have bottlenecks in recovering their money.
j) Many banks because of tedious formalities in recovering loan, hire the loan recovery agents at UAE and India but whether those recovery agents are recognized by the Indian law is another question yet to be answered but can criminal case be filed on power of attorney is another question?
k) Notice had to be issued before any criminal proceeding is initiated against any individual.
l) Under section 188 Cr PC if an Indian had committed any criminal offence overseas, he can be investigated in India wherever he is being found but international diplomatic protocol comes in the way and that complaint had to be routed through the appropriate channels.
m) The cognizance can be taken by the Indian court but one can not be tried before sanction from the central government and as already said that Bounced Security Cheque is no ground for conviction and if the individual can defend himself properly in the Indian court then no conviction can be passed or if Mr. Bhuvnesh, god forbids is tried at Indian court then he can claim bankruptcy. I suppose bankruptcy is pre-mature at this stage.
n) So far no such case had ever come up in Indian Courts, so we can only keep our finger crossed.
o) If Mr. Bhuvnesh is in touch with the latest update then ex-ruler of Pakistan Mr. Parvez Musharraf has been declined by Interpol to be extradited to Pakistan due to inadequate evidence/reasons but laws do not apply universally is also the irony. The applicability of Law depends upon the genre, creed, caste, color, religion, region etc.
p) Red alert notice is also issued by the Interpol and the best precaution is that one should not travel by air which Mr. Bhuvnesh would not be able to afford presently if his monetary condition is true as he had stated in the LCI column.
Mr. Trivedi had been rendering a yeoman service and with due respect should be credited with many thanks for his sincere and appreciable guidance.
Regards.
