Petition For Forfeiture And Cancellation Of Cheque
………. TO THE JUDGE OF THE COMMERCIAL COURT OF FIRST INSTANCE ON DUTY
DEFENDANT :A….. B….. (T.C.:…………)
ADDRESS
AGENT :Lawyer ………………….
ADDRESS
DEFENDANT : No Adversary
SUBJECT OF THE REQUEST :
…Bank …Branch’s …000,00 TL cheque with serial number …serial number …/../….keşide date, place of issue … has been cancelled due to loss; In order to prevent the payment of the cheque in question, it is requested to issue an injunction decision to impose a payment ban first.
EXPLANATIONS
Client A….. B….. is in possession of the cheque dated …/…/…. with serial number ….. in the amount of 000,00 TL issued through the account number TR…………………………IBAN of …Bank …Branch. This cheque, which the client was in possession of, was lost.
After the loss of the cheque was noticed, the client filed a complaint (Annex-1) and the necessary instruction was given to the addressee bank. However, there is still a danger that the person who took possession of the cheque may collect the cheque from the bank or operate the cheque.
Since the acquisition of the cheque by third parties may cause irreparable damages for the client, it has become necessary to request that a payment prohibition be imposed in order to prevent the cheque amount from being collected from the bank, and then to decide on the cancellation of the said cheque due to loss.
LEGAL GROUNDS :
Cheque Law No. 5941, TCC, CPC, Law on Lawyers and other relevant legislation
EVIDENCE :
Bank records, complaint report (subpoena will be requested), 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- First of all, to write a letter to …Bank …Branch and to TAKE A PROHIBITION to impose a payment ban,
2- We here by request and demand that the cheque dated …/…/…. with serial number ….. in the amount of 000,00 TL issued through the account number TR…………………………IBAN of ….Bank … Branch be cancelled due to loss. 22/09/2021
Plaintiff A…. B……Representative
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