Abroad credit card defaulter
My brother is credit card defaulter in UAE , presently he is working in oman , he want to come in india on vacation , during re-entry to oman and other gcc country they can arrest them and send back to UAE ? please give me reply.
regards. Bhupal s
Asked 3 years ago in Civil Law from Saudi Arabia
1. If that is te law at gulf countries that for credit card default people are arrested then your brother shall have to decide whether he would take the risk of returning to India on vacation or not,
2. He can pay off the dues before coming to India or pray for a settlement to clear the problem once for all.
1. Is the bank whose credit card he used an Indian bank?
2. If he has defaulted in the payment of the credit in UAE then he is liable under the law prevailing in UAE. He is not liable under the Indian law.
3. If the recovery proceedings are taken out in UAE and the court in UAE issues a warrant of arrest against him then he may be arrested from Oman or India and then taken to UAE to face the judicial process.
4. He is free to come to India.
1) has any case been filed against him ?
2) has any non bailable warrant been issued against him ?
3) if no look out notice has been issued and no criminal proceedings initiated he can come to india on vacation .
4) he wont be arrested and sent back to UAE ,
5) bank will file recovery case against him to recover credit card dues with interest
my question is when he will return from India to Oman that time they will arrest or deport ? criminal case already filled in UAE and bank inform do not travell any gulf country.
Asked 3 years ago
1) mere filing of criminal case does not lead to arrest .
2) if accused does not appear in court and Non bailable warrant is issued and then also accused does not appear then court issues proclamation for accused appearance if it is satisfied that accused has absconded
3) Lookout notices or alerts are issued to airports and various points of entry at international borders to arrest a particular person who may or may not be a proclaimed offender upon an attempt to enter or to leave India.
1. He can be arrested from anywhere in the world and deported or otherwise sent to UAE to face the legal proceedings there.
2. He should seek bail under the legal framework of UAE.
offence is committed in UAE, any offence committed by Indian citizen in abroad ( beyond India) is triable by that country section 3 & 4 IPC. Indian court has no jurisdiction so he would not be deported but he will be prosecuted in UAE. If he is found in any country and if UAE has extradition treaty then UAE has right to bring him for justice in his Country. India has signed extradition treaty with UAE in 2000.
If your brother has defaulted in payment of the credit card amount in UAE, he would be liable under the laws prevailing in UAE and not under the indian law. IF the proceedings against recovery commences in UAE, then he could be arrested from India or Oman or other country if the warrants to that affect are issued by the UAE court and the Indian Embassy allows for your arrest. Wherever he travels, a look notice if issued against him would not let him go scot free as the same is issued at various airports etc.
1. It depends on the law prevailing at Oman and also the treaty the said Country have with UAE for the defaulters and also the step taken by the said Bank of UAE against you,
2. You have committed the offence at UAE for defaulting in making payment so you will be tried at UAE,
3. If there is a treaty in between the said two countries as stated above, you may be deported to UAE to be truies there.