KÜHEYLAN HUKUK
What is the Bounced Check Penalty? Complaint Period, Check Ban and Effective Regret. Within the framework of Article 5-7 of the Check Law No. 5941 and the Turkish Commercial Code No. 6102, the penalty and collection process for the drawer and holder has been updated as of 2026.
A bounced check is a dispute that is both penal for the drawer and collectible for the bearer. According to the regulation in force since 2016, drawing a bad check does not directly require imprisonment; However, a judicial fine is imposed for each check, not less than the check value, and if this fine is not paid, it is directly converted into prison without the option of being employed in a public service. The guide explains the circumstances in which the crime occurred, who is held responsible, the holder's three-month complaint period, the ban on issuing cheques, the dismissal of the case upon payment of the debt, and the amount that the bank is obliged to pay for 2026.
1. Is a Bounced Check a Crime? What is the Penalty?
According to Article 5 of the Check Law, the person who causes a "bounced" transaction regarding the check submitted to the bank within the legal presentation period according to the date of issue, is punished with a judicial fine of up to one thousand five hundred days for each check, upon the complaint of the holder. The penalty to be imposed cannot be less than the amount of the bounced check. In 2017, the Constitutional Court annulled the addition of interest and litigation expenses to this lower limit; The lower limit remained only as the amount of the bounced check (AYM, 26.07.2017, E.2016/191, K.2017/131).
The court also orders a ban on issuing checks and opening a check account, and enforces this ban ex officio as a protective measure during the trial. Prepayment, compromise and postponement of the announcement of the verdict are not applicable in crimes (Art. 5/10). If the imposed judicial fine is not paid, Article 106/3 of the Execution Law. shall be directly converted into prison without resorting to the option of employment in a public service (Art. 5/11). The statement "Imprisonment for bounced cheques is abolished" is therefore only half true: there is no imprisonment at the time of sentencing, but the unpaid penalty is eventually served as imprisonment.
Presentation within the legal period: If the check is to be paid at the place of issue, it must be presented to the bank within ten days, and if it is to be paid elsewhere, it must be presented to the bank within one month; The period starts the day after the issuance date (TTK article 796). A criminal case cannot be filed for a check presented after its due date.
Failure to present before the issuance date: Until December 31, 2028, a check submitted to the bank before the issuance date written on it will be considered an invalid presentation (Check Law temporary article 3/5). Taking the post-dated check to the bank before its maturity eliminates the possibility of both criminal and legal proceedings (Art. 3/8).
Unrefunded transaction: Upon the request of the holder, the bank writes and signs the date of presentation, account status, amount paid and the unrefunded amount on the back of the cheque (Art. 3/4). A complaint cannot be filed without this process being completed.
Holder's complaint: The crime is subject to complaint; It is not possible for the prosecutor's office to initiate an investigation on its own.
3. Who is held responsible?
The person responsible for keeping the check amount in the account is the checking account owner. If the account holder is a company, the member of the management body assigned to carry out financial affairs is responsible, or if there is no such assignment, the real persons constituting the management body are responsible (Article 5/2). The ban on issuing checks and opening accounts applies to the legal entity, those who draw checks on its behalf, members of the management body in capital companies and officials registered in the trade registry. The real person account holder cannot appoint someone else as a representative to issue checks on his/her behalf; Legal and criminal liability for checks issued by proxy belongs to the account holder (Art. 5/3).
The Check Law refers to Article 347 and following articles of the Execution and Bankruptcy Law in the proceedings regarding this crime. For this reason, the complaint must be made within three months from the date the act was learned and, in any case, within one year from the date the act was committed. The Supreme Court decided that the right to complain should be reduced in the complaint filed after three months have passed from the date the check was presented to the bank and learned that it was dishonored (7th CD, 24.02.2022, E.2021/14604, K.2022/3432). The common belief that a general six-month complaint period will be applied in practice is therefore erroneous.
Cases are heard in the enforcement criminal court. Competent court; It is the court where the bank branch is located where the check is presented or the check account is opened and the court of residence of the account holder or the complainant (Art. 5/1). The holder can choose the most suitable one from these places.
Punishment Judicial fine of up to 1,500 days for each check; lower limit unrequited price Czech Code article 5/1
additional sanction Ban on issuing checks and opening a checking account Czech Code article 5/1
unpaid fine Converted directly to prison without public benefit employment Czech Republic Article 5/11
Bank's payment obligation (2026) Up to 16,250 TL for each leaf submitted in due time Czech Code article 3/3
Limitation for the holder to receive a check 3 years from the end of the submission period TCC article 814
A criminal case does not automatically ensure the collection of the check amount; The holder must also take legal action. The bank is obliged to pay up to the amount determined by the Central Bank every year for each check leaf that is presented on time and is not recognized; This amount has been determined as 16,250 TL for 2026. For the remaining amount, the holder may initiate proceedings through a lien specific to bills of exchange. The details of this follow-up method are also discussed in the follow-up guide specific to bills of exchange in the Enforcement and Bankruptcy Law series of Küheylan Law Firm.
The person who issues a bad check is obliged to pay ten percent of the dishonored value of the check and also compensates the holder for the damage he suffers as a result (TTK article 783/3). The holder's rights to appeal against the organizer and the endorsers become statute-barred within three years from the end of the presentation period (TCC Art. 814).
6. Effective Regret: Will the case be dismissed if the debt is paid?
Yes. For the person who pays the amount of the dishonored check in full, together with the interest that will accrue at the rate of default interest in commercial transactions from the date of legal presentation, it is decided to dismiss the case if the trial is still ongoing, and to abolish the judgment with all its consequences if the conviction is final (Art. 6/1). If the holder gives up the complaint, it will have the same result and the check ban will be lifted and the Risk Center will be notified. Partial payment does not produce this result; Therefore, interest must be taken into account when making a payment plan.
If it is desired to lift the ban without paying the debt, three years must pass from the full execution of the sentence and, in any case, ten years must pass from the imposition of the ban (Article 6/3). Issuing a check while the ban continues is a separate crime punishable by imprisonment from one to three years (Article 7/6).
M.D., who runs a textile workshop, was able to keep only 90,000 TL in his account at the maturity date of the 380,000 TL check he gave to a supplier. The holder submitted the check to the bank two days after its maturity, had the transaction bounced, and filed a complaint with the enforcement criminal court four months later. Meanwhile, M.D.'s checking account has been closed as a precaution.
In the defense, it was first claimed that the complaint was made after the three-month period from the date on which the unrequited transaction was learned. The court determined that the period in Article 347 of the EBL had passed and decided to reduce the right to complain and lift the precautionary check ban. Since the check receivable did not disappear even though the criminal case ended, the holder's foreign exchange pursuit continued; M.D. A separate protocol has been signed with the bearer to pay the remaining amount in installments with interest.
Has the prison sentence for bounced checks been abolished?
A direct prison sentence is not given as a sentence; A judicial fine is imposed. However, if this penalty is not paid, it will be converted directly into prison without the option of working in a public service. Therefore, the risk of imprisonment continues in practice.
If I pay the check amount, will the case be dismissed?
If the unrequited price is paid in full, together with the commercial default interest accrued from the date of submission, the case is dismissed; If the judgment has become final, it is abolished with all its consequences. The holder's withdrawal of the complaint will have the same result.
Who is prosecuted if the company check bounces?
Member of the board of directors assigned to be responsible for the financial affairs of the company; If there is no such appointment, the real persons who make up the board of directors will be prosecuted. A subsequent change in company officials does not eliminate the company's legal liability.
What happens if I take the check to the bank before its maturity date?
Submission made before the issuance date until December 31, 2028 is invalid. The unrequited transaction made upon this submission cannot be the basis for a criminal complaint or legal proceedings; The check must be re-presented on maturity.
Thinking that the complaint period is six months: The period is three months from the date of learning; Abduction reduces the right to complain.
Presenting the check before its maturity date: Invalid presentation may cause the holder to lose both the penalty and the possibility of prosecution.
Making payment without taking interest into account: For effective repentance, the check amount must be paid in full, including interest; Missing payment does not drop the case.
Mistaking a criminal case as a way to collect money: A criminal case does not make money for the pregnant woman; Since the check will be received, foreign exchange tracking must also be done.
Using a check when it is prohibited: Issuing a check despite the prohibition constitutes a separate crime punishable by imprisonment.
Bounced check disputes require quick and accurate action for both the drawer and the holder due to the short complaint period, unpaid fines turning into imprisonment, and the check ban that directly affects commercial reputation. For the drawer, time and procedural defenses and the possibility of effective regret are the points that determine the outcome for the holder, as long as the complaint is filed within the time limit and the foreign exchange follow-up is carried out simultaneously. Küheylan Law Firm ensures that the process is carried out with legal assurance on both sides of check disputes, from the trial in the enforcement criminal court to the lifting of the check ban, from jointly planning the complaint and foreign exchange follow-up on behalf of the holder to the preparation of payment protocols.
Important Legal Notice: The legal explanations, tables and case studies in this guide have been prepared by Küheylan Law Firm for general information purposes based on the legislation and judicial decisions in force as of 2026 and do not constitute legal advice. Since contract provisions, notification dates and periods directly determine the outcome in banking and finance disputes, it is recommended that each concrete case be evaluated separately by a lawyer. © 2026 Küheylan Law Firm. All rights reserved.
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