This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Karşılıksız Çek: Alacaklının Yolları, Borçlunun Sorumluluğu.
A dishonoured cheque opens two routes that can be pursued together: collection through enforcement special to negotiable instruments, and a complaint to the enforcement criminal court leading to a ban on drawing cheques. Both have the same precondition: the cheque must have been presented in time and the endorsement of dishonour obtained. Without that endorsement neither route works.
You took the cheque to the bank and it was marked as dishonoured. Two separate routes now open, and neither waits for the other.
This article deals first with collecting what you are owed, then with how the offence of drawing a cheque without cover works. If you are the drawer, you will find here what you are facing.
Presentation and the Endorsement of Dishonour
A cheque is a means of payment, payable on sight. The periods for presentation depend on where it was drawn and where it is payable: ten days within the same place, one month between different places, and longer where a foreign country is involved.
A cheque not presented in time loses certain rights arising from the law of negotiable instruments. Holding on to it and waiting is therefore risky.
Where there is no cover, the bank makes the endorsement of dishonour on the back. That endorsement is the foundation of both the enforcement and the criminal complaint; keep the original and the endorsement safe.
There is a minimum amount the bank is obliged by law to pay. It applies to each cheque leaf and is paid even without cover; the holder pursues enforcement for the balance.
The Enforcement Route
A cheque is a negotiable instrument, so enforcement by attachment special to negotiable instruments is available. It moves faster than ordinary enforcement.
The debtor's period to object is five days, and an objection does not of itself stay the enforcement: a decision of the enforcement court is needed for that. This is a significant advantage for the holder.
Enforcement may be pursued against the drawer, the endorsers and any guarantor by aval together. Where the chain of endorsements is sound there are more parties to pursue, and the chances of collection rise.
The holder may also seek a precautionary attachment. Its conditions are more easily met for negotiable instruments such as cheques, which prevents the debtor putting assets out of reach.
The Criminal Complaint
The Cheque Act (no. 5941) imposes a sanction on the person who causes a cheque to be marked as dishonoured when it is presented within the statutory period according to the date it bears.
The sanction is a judicial fine, which may reach the amount of the cheque. A ban on drawing cheques and opening cheque accounts is also imposed.
The complaint goes to the enforcement criminal court. The period is short: three months from learning of the act, and in any event one year from it. Missing that closes the criminal route, though the enforcement continues independently.
One important point: criminal liability falls on the person who drew the cheque. Where a cheque is drawn for a legal person, it falls on the authorised signatory who drew it.
| Enforcement | Complaint | |
|---|---|---|
| Where | The enforcement office | The enforcement criminal court |
| Purpose | Collecting the debt | A ban on drawing cheques and opening accounts |
| Precondition | The endorsement of dishonour | The endorsement of dishonour |
| Complaint period | — | 3 months from learning of the act, 1 year in any event |
| Objection period | 5 days from service of the payment order | — |
| If the debt is paid | The enforcement falls away | The ban is lifted |
Unlike ordinary enforcement, an objection here does not of itself stay the proceedings; an order of the enforcement court is required.
What Happens If the Debt Is Paid
Where the amount of the cheque is paid with accrued interest and costs, the court discontinues the case and the cheque ban is lifted.
That is the defining feature of this sanction: the object is less to punish than to secure payment. So if you are the drawer and can pay, paying is usually wiser than prolonging the process.
Partial payment has partial effect; lifting the ban requires the debt to be met in full.
If You Are the Drawer
The defences available are limited, but they exist:
- The cheque was not presented within the period.
- The signature is not yours. This must be raised separately and expressly.
- The cheque was completed contrary to what was agreed — where a blank cheque was given and later filled in differently.
- The debt has been paid, or the cheque was given as security and that can be proved.
- Objection to jurisdiction — the enforcement was started in the wrong office.
Five days is very short. Act the moment the payment order reaches you; once the period has passed, what remains is a claim for a negative declaration, which does not of itself stay the enforcement.
As holder you have three months for the criminal complaint; as drawer you have five days to object to the payment order. Both periods are short and unforgiving. Keep the original cheque and the endorsement of dishonour.
Frequently Asked Questions
What do I need before doing anything?
The cheque must have been presented within the statutory period and marked with the endorsement of dishonour. Without it neither enforcement nor a complaint is possible.
How long do I have to complain?
Three months from learning of the act, and one year from the act in any event. The complaint goes to the enforcement criminal court.
Does the drawer go to prison?
The sanction is a judicial fine, which can reach the amount of the cheque, together with a ban on drawing cheques and opening cheque accounts.
What happens if the drawer pays?
The case is discontinued and the ban is lifted — but only where the debt is met in full, with interest and costs.
I received a payment order on a cheque — how long do I have?
Five days, and the objection does not of itself stay the enforcement: an order of the enforcement court is needed.