The time limit for a dishonoured cheque complaint (karşılıksız çek şikâyeti) is determined under article 5 of the Cheque Law no. 5941 together with the general rule on complaint periods in article 73 of the Turkish Criminal Code (TCK), and is limited to six months from the date on which the dishonour record (karşılıksızdır işlemi) is made. In this article we consider the time limit for a dishonoured cheque complaint, how the judicial fine (adli para cezası) is determined, and how the penalty may be avoided by payment. For the holder and for the cheque debtor alike, calculating these periods correctly is the first step in preventing a loss of rights.
- The complaint must be made within six months of the date on which the dishonour record is made (TCK m. 73, Law no. 5941 m. 5).
- The judicial fine may be set at up to 1.500 days for each cheque leaf; however, it cannot be less than the amount of the cheque (Law no. 5941 m. 5/1).
- Payment of the unpaid amount by the account holder within certain periods may affect criminal liability.
- The offence is subject to complaint; no investigation is commenced without the complaint of the holder (hamil).
- A ban on opening a cheque account (çek hesabı açma yasağı) may be applied separately, independently of the criminal process.
How Long Is the Dishonoured Cheque Complaint Period?
Since the offence of issuing a dishonoured cheque is an offence subject to complaint, the general rule in TCK m. 73 applies: the right of complaint must be exercised within six months of learning of the act. In practice this period is usually run from the date on which the cheque is subjected by the bank to the dishonour procedure (karşılıksızdır işlemi).
What Happens If the Time Limit Is Missed?
A complaint made after the six-month complaint period has expired is not taken into consideration for the purposes of the criminal investigation; the right of complaint lapses. In that situation, the route available to the holder for collecting the sum due remains the civil avenues such as enforcement proceedings specific to negotiable instruments (kambiyo senetlerine özgü icra takibi). As regards the notices sent to third parties in respect of receivables that may be attached by that route, you may also obtain information from our article on the garnishment notice.
How Is the Judicial Fine Determined for a Dishonoured Cheque?
Under article 5 of Law no. 5941, upon the complaint of the holder, a judicial fine of up to 1.500 days for each cheque leaf is imposed on the person who gave rise to the dishonour record. However, the judicial fine to be imposed cannot be less than the unpaid amount of the sum of the cheque.
| Element | Rule |
|---|---|
| Complaint period | 6 months from the dishonour record (TCK m. 73) |
| Upper limit of the judicial fine | Up to 1.500 days per cheque leaf |
| Lower limit of the judicial fine | Cannot be less than the unpaid amount of the sum of the cheque |
| Condition for prosecution | The complaint of the holder |
Venue and the Competent Court
Cases concerning the offence of a dishonoured cheque are heard by the enforcement criminal courts (icra ceza mahkemeleri). The court with venue may be the court of the place where the cheque was presented to the bank for collection or where the cheque account is held; determining venue correctly in the particular case prevents the file from being dismissed on procedural grounds. Current precedent decisions on venue and subject-matter jurisdiction may be accessed through the decision search system of the Yargıtay (the Court of Cassation).
How Long Is the Presentment Period for a Cheque?
The presentment period (ibraz süresi) for a cheque varies according to the place of issue: 10 days for cheques issued and payable in the same place, and for cheques issued in a different place, periods that may extend to 20 or 70 days depending on the relationship between the place of issue and the place of payment (the provisions of the Turkish Commercial Code to which Law no. 5941 refers). Where a cheque is not presented to the bank within this period, it may not be possible for the dishonour record to be made.
How the Presentment Period Interacts with the Complaint Period
Where the cheque is presented in time and is returned unpaid, the six-month complaint period begins. Missing the presentment period, by contrast, produces a different legal consequence and may limit certain rights that the holder enjoys in the capacity of holder of the cheque (for example the right of recourse against the endorsers, cirantalar); for that reason, keeping track of the presentment period is a step that comes before the complaint period.
Is Criminal Liability Affected by Payment?
Law no. 5941 contains provisions under which the criminal consequences may be affected where the unpaid sum of the cheque is paid subject to certain conditions. The timing and the scope of the payment may be decisive as regards outcomes such as the deferral of prosecution or the extinction of the penalty; this assessment must be made according to the particular facts of the file.
Provisions on Effective Remorse
The Law contains provisions affording the offender the possibility of benefiting from effective remorse (etkin pişmanlık) where the debt is paid within a certain period. Whether these provisions can be applied depends on factors such as the time and the scope of the payment and the stage the file has reached, and must be assessed separately in each file.
The Scope of the Complaint for Cheques on Which a Partial Payment Has Been Made
Where part of the sum of the cheque has been paid and the remainder has been returned unpaid, the complaint and the judicial fine are assessed solely over the part that remains unpaid. It is important for the holder to state the amounts paid and the amounts left unpaid separately in the complaint petition, so that the judicial fine can be calculated correctly.
The Ban on Opening a Cheque Account
A ban on opening a cheque account and on issuing cheques may be applied to a person who draws a dishonoured cheque, independently of the criminal process. This ban is notified to the banks and prevents the person from opening a new cheque account or obtaining a chequebook; the lifting of the ban depends on certain conditions being fulfilled.
The Jurisdiction of the Turkish Courts over Cheques Issued Abroad
For cheques issued abroad and presented to a bank in Türkiye, where the dishonour record is made in Türkiye the jurisdiction of the Turkish courts generally continues. In files of this kind the processes of service of documents and of gathering evidence may take longer than in domestic files; for that reason keeping track of the complaint period becomes all the more important.
Which Routes Are Available to the Holder?
The holder in possession of the cheque may pursue both a criminal complaint and legal enforcement routes for the collection of the sum due at the same time. Enforcement proceedings specific to negotiable instruments are a separate legal route aimed at the swift collection of the sum due on the cheque, and are conducted independently of the criminal complaint. For the attachment limits applied in enforcement proceedings conducted against a salary you may look at our article on salary attachment, and for the general routes for collecting a debt at our guide to the collection of commercial receivables.
To reduce the risk of error in calculating periods, you may use our calculator for the statute of limitations (zamanaşımı) and the time limit for filing a case.
What Should Be Included in the Complaint Petition?
The complaint petition for a dishonoured cheque should set out the serial number of the cheque, the date on which the dishonour record was made, the sum of the cheque and a copy of the record of the dishonour procedure drawn up by the bank. Submitting this information in full enables the public prosecutor’s office or the enforcement criminal court to assess the file quickly.
Supporting the Complaint with Documentary Evidence
Not merely a photocopy of the cheque, but the original or a certified copy of the record of the dishonour procedure drawn up by the bank should be attached to the complaint petition. That document is the fundamental item of evidence officially proving the date and the amount of the dishonour record, and is taken as the reference point in establishing when the six-month complaint period began.
The Difference Between the Period for Presenting the Cheque to the Bank and the Complaint Period
The presentment period for a cheque is a separate period, within which the cheque must be submitted to the bank within the times laid down by law according to the date of issue of the cheque, and it differs from the dishonoured cheque complaint period. Where the presentment period for a cheque has been missed, the dishonour record cannot be made, so the route of a criminal complaint may in practice also be closed; for that reason presenting the cheque to the bank in time is of critical importance.
The Criminal Record Entry and Its Effects on Professional Life
A conviction handed down for the offence of a dishonoured cheque is entered in the criminal record (adli sicil) once it becomes final. In the conditions for entry to certain professional groups and public offices, the existence of a criminal record entry may be subject to a separate assessment; for that reason the outcome of the process is not confined to the criminal sanction alone and may also affect the person’s professional position.
Do Civil and Criminal Liability Run Together in a Dishonoured Cheque Case?
Yes; on account of a dishonoured cheque both a criminal investigation and legal enforcement aimed at collecting the sum due may proceed at the same time. The outcome of the criminal proceedings does not prevent the sum due from being collected through civil routes; the two processes are conducted independently of one another and are heard in different courts.
What Happens to Liability If the Company’s Authorised Signatory Changes?
The person authorised to represent the company on the date on which the cheque was issued is taken as the basis. A subsequent transfer of authority or departure from office does not retrospectively remove the liability existing on the date the cheque was issued; for that reason it is important that transfers of authority be carried out with a date and with documentation.
The Position for Cheques Signed Jointly by More Than One Authorised Signatory
If, for the cheque to be valid, the signatures of more than one authorised signatory are required under the company’s signature circular (imza sirküleri), liability for the offence of a dishonoured cheque is assessed among those signatories according to the division of authority in the signature circular. Where the signature of only one of the signatories is not sufficient, the extent of liability is determined by examining the company’s articles of association and the signature circular.
To Whom Does the Right of Complaint Belong for Cheques Transferred by Endorsement?
If the cheque has been transferred by endorsement (ciro), the right of complaint belongs to the last holder in possession of the cheque at the time of the dishonour record. The endorsers, for their part, may bear a separate legal liability towards the holder if the cheque is not paid; the extent of that liability is determined according to the general rules of the law of negotiable instruments.
Is Settlement Possible?
Although the offence of a dishonoured cheque is subject to complaint, whether it falls within the scope of the mediation procedure (uzlaştırma) provided for in the law is assessed according to the circumstances of the particular case. Developments such as the withdrawal of the complaint or payment of the debt may change the course of the process.
Preventive Measures for Commercial Enterprises
Where businesses check the customer’s cheque account history and any existing cheque account ban when accepting a cheque, they reduce the risk of a dishonoured cheque being encountered later on. Considering alternatives to a cheque in the payment terms, such as a bank letter of guarantee or payment in advance, may also be regarded as a preventive measure, particularly in high-value transactions.
How Is the Judicial Fine Calculated in 2026?
Under article 52 of the Turkish Criminal Code (TCK), the amount of one day’s judicial fine is set by the judge at between 100 TL and 500 TL following the update made by Law no. 7499; changes to the law of this kind enter into force upon publication in the Resmî Gazete (the Official Gazette). For a dishonoured cheque, the total penalty is found by multiplying the number of days by that daily amount; however, since under Law no. 5941 the result cannot be less than the unpaid part of the sum of the cheque, the court sets the daily amount so as to satisfy that lower limit.
| Element | Current 2026 Value |
|---|---|
| Amount of the daily judicial fine | Between 100 TL – 500 TL (TCK m. 52) |
| Upper limit on the number of days (per cheque) | 1.500 days |
| Lower limit of the total penalty | The unpaid amount of the sum of the cheque |
Step by Step: How Is a Dishonoured Cheque Complaint Made?
- Confirm the dishonour record: Obtain from the bank the official record or letter stating that the cheque has been returned unpaid.
- Calculate the time limit: Note the six-month complaint period running from the date on which the dishonour record was made.
- Prepare the complaint petition: Draw up a petition containing the details of the cheque, the identity details of the parties and the relief sought.
- Apply to the competent authority: Submit the petition to the Chief Public Prosecutor’s Office (Cumhuriyet başsavcılığı) or directly to the enforcement criminal court, according to the rules on venue.
- Pursue the civil enforcement route in parallel: Consider in addition commencing enforcement proceedings specific to negotiable instruments in order to collect the sum due.
How Does the QR-Coded Cheque System Affect the Complaint Process?
The QR-coded cheque (karekodlu çek) system operated by the TCMB (the Central Bank of the Republic of Türkiye) and the banking system makes it easier to verify digitally that the cheque is genuine and that it has been returned unpaid. Although this system allows the bank records to be attached to the complaint petition to be obtained more quickly, it does not alter the six-month complaint period or the calculation of the judicial fine; the period and the penalty are still determined under the provisions of Law no. 5941 and TCK m. 73.
How Does the Process Work If the Drawer of the Cheque Dies?
The death of the person who issued the cheque directly affects the criminal proceedings, since criminal liability is strictly personal; criminal liability does not pass to the heirs. By contrast, the civil liability for payment of the sum of the cheque may be asserted separately against the estate (tereke) and the heirs within the framework of the general rules of the law of succession.
The Importance of the Concept of the Good-Faith Holder
A holder who acquires the cheque in good faith by endorsement may, as a rule, exercise the rights on the cheque unaffected by certain defences (def’iler) that could be raised against the endorsers. This position of the good-faith holder also affords the holder a separate legal safeguard as regards a dishonoured cheque complaint; however, the application of this concept to the particular case is assessed according to the features of the file. For that reason it is important that the chain of transfer of the cheque and the order of endorsements be set out clearly with documents.
What Will the Other Side Do?
In a dispute it is not enough to know only the merits of your own position; the other side too has a defence strategy of its own, and being prepared for that strategy in advance largely determines how the process will unfold. The defences below are typical objections frequently encountered in files of this kind; which of them will arise in your file depends on the documents you hold and on the sequence of events.
The complaint period has been missed.
The complainant clarifies when the six-month period began by documenting the date of the dishonour procedure on the cheque with a letter from the bank. The drawer (keşideci), for its part, may raise an objection as to time by producing correspondence showing that the act was learned of earlier. Establishing the date of knowledge directly determines the outcome of this objection.
The cheque was not presented to the bank in time, so no criminal liability arises.
The holder proves that the presentment period was complied with by submitting the bank’s official letter showing the date of the dishonour procedure. The applicable period must be calculated correctly according to the difference between the place of issue and the place of payment of the cheque.
The sum of the cheque has been paid in part or in full.
The complainant checks the payment information obtained from the bank; the drawer proves payment with a bank receipt (dekont), an EFT record or a release document (ibraname), and this may affect criminal liability. The extent to which a partial payment affects criminal liability must be assessed separately.
The signature on the cheque is not that of the drawer.
Faced with this allegation, an expert report (bilirkişi raporu) is requested for examination of the signature; the bank records and the chain of endorsements on the cheque are also examined. If the allegation of forgery is proved, the person against whom the complaint is directed and the direction of the process may change entirely.
Which of these defences will come to the fore varies according to the particular circumstances of the file, the documents you hold and the order in which events occurred. In some files the other side concentrates on a single defence, while in others several objections are seen to be raised together. For that reason, gathering in advance the evidence that will neutralise a possible defence, before moving to the litigation or enforcement stage, directly affects the course of the process. In order to assess in advance which defence your file is likely to meet, you may get in touch.
Frequently Asked Questions
Against whom is a dishonoured cheque complaint made?
The complaint is made against the person who gave rise to the dishonour record; that person is generally the holder of the cheque account or its authorised representative.
If the complaint period is missed, is the sum due lost altogether?
No; even though the right of criminal complaint lapses, the sum due may still be collected through civil routes, for example by enforcement proceedings specific to negotiable instruments.
How is the judicial fine calculated?
The day-fine system is used and up to 1.500 days may be set per cheque leaf; however, the total amount of the fine cannot be less than the unpaid part of the sum of the cheque.
Who is liable for cheques issued on behalf of a company?
The person or persons authorised to issue cheques on behalf of the company may be held liable as regards the dishonour; the extent of liability is determined according to the authority document and the signature circular.
When is the ban on opening a cheque account lifted?
The lifting of the ban depends on whether the conditions provided for in the law (for example the passing of a certain period or payment of the debt) have been fulfilled in the particular case.
What is the daily judicial fine amount in 2026?
Under TCK m. 52 the daily judicial fine amount is set by the judge at between 100 TL and 500 TL; the total penalty cannot be less than the unpaid part of the sum of the cheque.
What happens to the complaint process if the person who issued the cheque dies?
Since criminal liability is personal it does not pass to the heirs; by contrast, the civil liability for payment of the sum of the cheque may be asserted separately against the estate.
How Does the Enforcement Criminal Court Process Proceed in the Conduct of the File?
Once the complaint petition has reached the enforcement criminal court, the court notifies the parties of a hearing date and, if it considers it necessary, may have an expert examination carried out. The length of the process varies according to the workload of the file and the speed with which the evidence is gathered; for that reason submitting the complaint petition and its annexes in full from the outset contributes to the proceedings being concluded within a reasonable time.
Conclusion
In a dishonoured cheque complaint, calculating the six-month period correctly and assessing the judicial fine together with the payment routes is of critical importance for the holder and for the cheque debtor alike. Your particular situation requires an assessment specific to your own file.
For the general operation of enforcement proceedings you may review our article on the time limit for objecting to enforcement proceedings, and on the liability of third parties our guide to the garnishment notice. For information on enforcement and bankruptcy law you may visit our Enforcement and Bankruptcy Law page.
Table of Periods
| Period | How long | Starting point |
|---|---|---|
| Dishonoured cheque complaint period | 6 months | From learning of the act |
| Cheque presentment period (issued in the same place) | 10 days | From the date of issue of the cheque |
| Cheque presentment period (different place, short) | 20 days | From the date of issue of the cheque |
| Cheque presentment period (different place, long) | 70 days | From the date of issue of the cheque |
Sources
- Mevzuat Bilgi Sistemi (the Legislation Information System, mevzuat.gov.tr)
- Yargıtay (the Court of Cassation) Decision Search System
- Resmi Gazete (the Official Gazette, resmigazete.gov.tr)
- Türkiye Cumhuriyet Merkez Bankası (the Central Bank of the Republic of Türkiye, TCMB)
Related Articles
- The Difference Between Proceedings Specific to Negotiable Instruments and Proceedings Without a Judgment
- Garnishment Notice (89/1-89/2-89/3): What Should the Third Party Do?
- Salary Attachment 2026: How Much Can Be Attached and How Is It Lifted?
- Collecting a Commercial Receivable: Step by Step from Demand Notice to Enforcement
- How Do the Factoring Right of Recourse and the Notice of Assignment Work?
This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your own file.
This article was prepared on the basis of the legislation in force as at 17.09.2026.
Av. Yahya Köse
Enforcement and Bankruptcy Law, Real Estate Law, Lease and Eviction Law, Criminal Law, Dispute Resolution, Preventive Law
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