Petition For Declaration – No Penalty Due To Commercial Relationship
TO THE ISTANBUL CHIEF PUBLIC PROSECUTOR’S OFFICE FRAUD AND FORGERY BUREAU
FILE NO:2013/….. Preparatory Investigation
SUSPECT :
DEFENDANT Atty..
COMPLAINANT
EXPLANATIONS
I- The complainant ……………….. has a commercial relationship with our client …………. He gave four checks in return for various goods purchased from our client. However, when the checks were presented to the bank, it was understood that there was no equivalent, so the back of the checks were printed (Annex-1 Check Photocopies). Later, during the negotiations with the complainant debtor, the complainant stated that he would demand the return of the bounced checks and give new checks instead, and gave the check dated ………………….. with a value of ………………….TL to our client on ……………….. in relation to the debt, and the check receipt report regarding the checks was issued between the client suspect and the complainant on ………………… The check was recorded in the company records of which our client is an authorized person.
2-The client gave his statement about the incident at the Istanbul Chief Public Prosecutor’s Office where he resides and submitted the relevant pages of the journal book, invoices and delivery notes showing the purchase of goods, photocopies of the bounced checks returned in line with the complainant’s request and checks issued for previous purchases, showing that there is a commercial relationship between them and the complainant.
3- As stated above and as can be understood from the current account statements submitted by us together with the annexes submitted by the client with his statement to the prosecutor’s office, there is a commercial relationship between the complainant and the client, and as a result of the shopping made between them, the checks subject to this complaint were given by the complainant to the company owned by the client with his own consent. Therefore, there is no crime as claimed by the complainant and the client has not committed this crime that is tried to be imposed on him.
CONCLUSION and REQUEST: As a result of the reasons presented and explained above, we submit to your tensip and opinion that a decision on non-prosecution should be made about the client since the client has not committed the crime attributed to him.
Sincerely…
Counsel for the Accused
