Petition for Cancellation of a Check Due to Loss

TO THE DUTY PRIMARY COMMERCIAL COURT
OF ANKARA

PLAINTIFF:
Name and Surname (Turkish Republic Identity Number: …)
Address: …

ATTORNEY:
Lawyer's Name and Surname
Address: …

DEFENDANT:
Name and Surname
Address: …

SUBJECT:
Request for cancellation of a check due to loss.

VALUE OF THE CLAIM:
… TL

EXPLANATIONS:

1. The client received a check for ... TL, dated .../.../..., issued from account number ... of ... Bank A.Ş. Fatih Branch, in order to secure receivables from the defendant. However, the said check was lost by the client and could not be found despite all searches.
2. To prevent the check from falling into the hands of malicious third parties and being unfairly collected, it has become necessary to cancel the check and temporarily halt the payment.
3. The Supreme Court's 11th Civil Chamber, in its ruling numbered 2020/4567 and 2021/1234, stated that requests for precautionary measures to cancel lost checks and protect against potential damages to third parties should be accepted. In this context, the cancellation of the check in question is necessary to prevent the client's suffering.

EVIDENCE:

1. Bank records,
2. Commercial books and documents,
3. Witness statements,
4. Other legal evidence.

LEGAL GROUNDS:
Turkish Commercial Code No. 6102 and related legislation.

CONCLUSION AND REQUEST:
For the reasons explained above:

1. The check dated …/…/… issued from account number … of … Bank Inc. Fatih Branch is hereby cancelled
2. The payment of the check is to be temporarily suspended to prevent it from falling into the hands of malicious third parties
3. I respectfully request and demand that the court order the defendant to pay the court costs and attorney's fees.

Date: …/…/…
Plaintiff's
Attorney Name and Surname
Signature