Bounced Cheque Defence Petition
………… ( ) EXECUTIVE CRIMINAL COURT JUDGE
DEFENDANT :A….. B….. (T.C.:…………)
ADDRESS
DEFENDANT :Lawyer …………….
ADDRESS
CLIENT : C….. D…. (T.C.:………..)
ADDRESS
SUBJECT OF THE REQUEST : It consists of the presentation of our defences against the complaint against our client and our request for evacuation.
EXPLANATIONS
The complainant C….. D…. and client A….. B….., a cheque (Annex 1) with a value of TL 000,00 (Annex 1) was drawn by …Bank …Branch, serial number …/../…., issue date …/../…., issue place …, in relation to the debt of the client to the complainant.
When this cheque was presented to the bank by the complainant within the time limit, it was seen that TL 000.00 of it was bounced; an annotation was made on the back of the cheque that it was bounced. In order to collect the receivables arising from the cheque in question, which could not be paid, the complainant filed a lawsuit against our client through the file numbered 2021/….. of Ankara …. Execution Directorate (ANNEX-2) and applied to your Court and requested the punishment of the client for the offence of issuing dishonoured cheques.
When all the documents and information in the file are examined, it will be seen that the moral elements of the offence have not been formed and that there are no material facts sufficient to punish the client.
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The client had no intention to dishonour the cheque. The Covid-19 Pandemic, which has been ongoing since the beginning of 2020, has caused extraordinary effects on the economy of the world and our country. Like many of our citizens, the client’s business has been disrupted; although the cheque in question, which was issued before the pandemic, was issued when there was no possibility of bouncing, it bounced as a result of circumstances beyond the client’s control due to the effects of the pandemic. This difficult situation, in which the client was in debt, put him in a situation that he did not want in his commercial relations, although he had no intention.
The fact that the cheque was not honoured within the submission period was not within the control of the client and did not occur with intent. As a result of this unfortunate situation, which caught the world and our country unprepared, most of the things in the hands and palms of the client were exhausted; the client fell into a situation where he could not afford the cheque. Although this difficult situation of the client was notified to the complainant and time was requested, the complainant rejected this request and presented the cheque to the bank; the cheque bounced. Upon this situation, the complainant filed a complaint to your Court, although the client had no intention.
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For these reasons, it is not possible for the client to have committed the offence charged against him. The client did not act with intent. When the client’s assets and bank account transactions (ANNEX-3) submitted to the file are examined, our claim that there is no intention will be revealed. The client acted with great care and commercial awareness in his commercial relations until the pandemic period. This situation he has fallen into has occurred due to reasons completely out of his hands, without any intention or fault on his part.
Considering the difficult conditions of our country and the fact that the moral element of the offence has not occurred, your court’s acceptance of the complaint while the complaint should be rejected is not in accordance with the law and procedure. Failure to acquit the client of the imputed offence will affect his commercial status even worse and may cause irreparable damages in the future.
We declare that we do not accept any of the complainant’s allegations in this respect. Since the client has no intent and fault and the moral elements of the offence have not occurred in this respect, your Court should decide to acquit him of the imputed offence.
LEGAL GROUNDS :
Cheque Law No. 5941 (Article 5 and all other articles), Turkish Penal Code, Criminal Procedure Code, Law on Lawyers and other relevant legislation
EVIDENCE :
…Bank …Branch’s …serial number …/../….dated cheque (the original cheque is in the safe of the Execution Directorate), Ankara ….Execution Directorate’s 2021/….. E. numbered file subpoena, Bank records and asset breakdown of the client defendant, Expert report (If deemed necessary), Any other evidence
CONCLUSION AND REQUEST:
For all the reasons explained above and to be taken into consideration by your Court ex officio,
1- With the acceptance of our defence as explained above, the complaint filed by the complainant C….. D….’s lawsuit is dismissed,
2- For the offence of issuing bad cheques, the client A….. B….. be acquitted,
3- We request and demand by proxy that the trial fees and expenses be decided to be charged to the other party. 23/09/2021
Defendant A…. B…… Counsel
Lawyer
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