Summary:
(Article 676/1 of the TCC numbered 6102. it is paragraph 778/2-c of the article, and the same law should also be applied to the promissory notes issued by sending.) In order for the provision that the bond price is shown with both letters and numbers and that the letter shown will be taken as the basis if there is a difference between the two prices to be applied, Decryption must not have been made in the number and writing records. If it is determined that a falsification has been made, the promissory note must be considered valid over the amount before the falsification (HGK. 14.05.2003 T. 2003/12-347 E. 2003/345 K.).
TC
Supreme
law office
Original No.: 12157/2014
Decision No:2014/14423
K. Date:14.5.2014
Upon the debtor’s request to examine the defendant within the period of the court decision dated and numbered above, the file related to this study was sent to the apartment from the scene of the incident, the report issued by the Examining Magistrate on the case file was listened to and all the documents in the file were read and examined, and the study was deemed necessary by discussing:
Although other objections are not yet in place;
SECOND.the debtor is notified that the payment order No. 10 of example No. 168/4 has been initiated by the payee against the debtor through foreclosure on foreign currency notes based on a single promissory note.paying paid order No. 10 Upon notification, within the 5-day legal period stipulated in the article, he applied to the enforcement court and requested that the part of the promissory note indicated by the number “1000” was subsequently made TL 10,000 by adding the number “0”, the debt part of TL 1000 was paid, the debt part of TL 750 was paid, the court decided to reject the request.
6762 of the Turkish Commercial Code numbered 690. its substance. Article 588/1 of the same Law. article, the provision that should also be applied to bonds by sending. (article 676/1 of the TCC numbered 6102. article, the provision that should also be applied to bonds by sending.) in accordance with the provision that the value of the bond is shown both by letter and number, and if there is a difference between the two prices, the price shown by letter must be Decrypted in the promissory note and postal records in order to apply the provision that the price shown by letter will be taken into account. If it is determined that a falsification has been made, the promissory note must be considered valid over the amount before the falsification (HGK. 14.05.2003 T. 2003/12-347 E. 2003/345 K.).
HMK’s 207. (HUMK.No , 298.) according to the provision of the article, if the protrusion, erasure or erasure in the promissory note has not been certified separately, it will not be taken into account in case of rejection. In other words, in order for the changes made on the promissory note to be valid, they must be approved by the regulator with a signature or transfer.
Falsification established by the court, in the report of the specialized department of physics of the Forensic Medicine Institution dated 12.06.2012; “The amount written on the money subject of the study should be replaced by the existing ones, the number “0” that precedes the number “0” is in the opposite direction and different from the one with a thinner, larger area and added later, according to the figures”.
In the report dated 20.02.2013 of the Ankara Criminal Police Laboratory Directorate, which was removed in the criminal investigation initiated after the debtor’s complaint about the forgery of promissory notes; “The value of the stock numbers shown in the digit “10.000” is repeated with the same item as the digit “0”, and the other digits, the digits “10.000”, except for the “10.000” digits, the digit “0” in the closing lines of the distances from different digits immediately at the beginning and at the end, the plus (Dot) sign is positioned,
a cramped situation was observed by adding the digit “0” to the first digit of the digit “10.000” in the value digit shown by the digit “1000” of the stock value by adding the digit “0” to the first digit of the digit “1000”. Although it is possible and probable that it has been increased from TL to “10000” TL, it has been reported that no definitive conclusion could be reached because no other additional findings could be identified”. Oct.
At the end of the investigation conducted at the Ankara High Criminal Court, an expert report dated 11/25/2013 issued by the Gendarmerie General Command in the civil case in Seydisehir stated; “A figure of 10000 TL was passed with the same pen as other figures except for the digits “0”, repeated passes were made for the purpose of distortion, for the purpose of correcting a transaction made in person, or in cases where it is not possible to express a positive or negative opinion.”
The court made it clear whether “the price found in the house where the stock is located was made for the purpose of correcting the figure formed by adding the number ”0“ to the ”10,000“ ones later with a figure that can be added later, and the case was dismissed; in the report of the Forensic Medicine Institution Physics Department dated 12.06.2012, it was found that the figure ”10,000“ shown in the amount digit of the bill was added later from the existing figure ”0“ in the first digit, which is the price part of the bill ” It is understood that 1000 “TL was falsified and converted to ”10.000″ TL.
The criminal investigation and Prosecution Directorate Criminal Police Laboratory conducted on this issue was removed from Ankara on 20.02.2013. According to the report of the Ankara Gendarmerie General Command dated 25.11.2013, the expert reports dated from the contents of the expert Report do not contradict the Forensic Medicine Institution report, because it was determined that “1000” TL of the stock priced at “10.000” TL was transferred to the issuer, and the figure in this amendment section is not valid, because it is not approved (that is, intervention for urinary tract infection) requires acceptance.
In this case; it was accepted by the court that the promissory note was worth TL 1.000,00, but it was understood that it was falsified and converted into TL 10.000,00, OIK 169/a-5.according to the article, while it should be decided to partially accept the objection related to the debt and to stop the follow-up for parts and amounts of 9.000,00 TL, the provision regarding the complete rejection of the claim by providing written justification is invalid.
CONCLUSION :
The court decision on the partial acceptance of the debtor’s objections for the reasons mentioned above, OIK 366 and HUMK 428. in accordance with the articles of association, it was unanimously decided to refund the fee received in advance upon request and to take the path of correcting the decision within 10 days from the notification of the decision.
From the Local Court decision: ”Previously, it was understood that the amount was written as ”ten thousand UAH” at one time to the place where the inscriptions were located, then the previously written ”UAH” was changed to ”T” instead of ”yt”, and the ”I” was completed by going up and converted to ”L”.”