TO THE DUTY PRIMARY COMMERCIAL COURT
(Without Opponent)

PLAINTIFF: ABC Food Industry and Trade Ltd. Co. (Tax Identification Number: 1234567890)

ATTORNEY: Attorney Yağmur YUMLU (Bar Association Registration No: 67894)

Address: …/Küçükçekmece/ISTANBUL

DEFENDANT: Unopposed

SUBJECT OF THE LAWSUIT: Cancellation of a lost (stolen/damaged) check; a payment prohibition order pursuant to Article 757 of the Turkish Commercial Code and for the check to be cancelled after a specified period following public announcement.

VALUE OF THE CLAIM:185,000,000 TL (amount of the check)

EXPLANATIONS

1. My client, as the authorized holder of check number 0012345, issued by D Bank Bakırköy Branch in Istanbul, dated 20/09/2025, for 185,000,000 TL, had the check lost (stolen) against his will on 13/09/2025. The incident report, HTS (Historical Telephone Records), workplace camera footage, and witness testimonies confirming the check's loss against his will are submitted to the file.
2. The client, upon learning that the check was lost, immediately conducted the necessary investigations; contacted the relevant bank branches and the Chief Public Prosecutor's Office of the Republic of Turkey to report the situation; however, the check could not be found. Since the whereabouts of the check are unknown , it has become necessary to pursue cancellation rather than recovery , in accordance with Articles 651 and 757 of the Turkish Commercial Code .
3. This is a non-contentious judicial matter and without an opposing party (Code of Civil Procedure, Article 382/2-e-6). The competent court is the Commercial Court of First Instance. Jurisdiction, by reference to Article 757/1 of the Turkish Commercial Code, of the place of payment or the domicile of the holder .
4. In accordance with Article 818/1-(s) of the Turkish Commercial Code, Articles 757-765 concerning the cancellation of bills of exchange also apply to checks. Within this scope, we request that your court issue a payment restraining order against the drawee bank; that a suitable period of at least 3 months and at most 1 year be set for the check to be presented to the court through announcements (in the Turkish Trade Registry Gazette and other appropriate local/national announcements) ; and that the check be cancelled if it is not presented within the specified period .
5. For a request for cancellation to be valid, the inherent right must continue to exist; cancellation can be requested as long as the holder's right in the instrument continues despite the loss. The 11th Civil Chamber of the Supreme Court of Appeals has explicitly adopted the principle that "the inherent right in the instrument must continue to exist" for cancellation due to loss. Furthermore, even in the case of a check that has become time-barred, legal benefit is accepted through cancellation as long as the right continues to exist.

EVIDENCE

1. Photocopy of the check/IBAN - account statements (if any),
2. Incident report/theft notification, Public Prosecutor's Office application and investigation documents (file number: … if any),
3. Bank letters/branch records,
4. TTSG and/or announcement texts, PTT notifications,
5. Witness statements
6. All kinds of legal evidence.

LEGAL GROUNDS

Turkish Commercial Code Article 651 and subsequent articles; regarding negotiable instruments, Turkish Commercial Code Articles 757-765, 778/1-(ı), 818/1-(s); Code of Civil Procedure Article 382/2-e-6; Check Law No. 5941 (to the extent applicable) and other relevant legislation.

REQUEST RESULT

For the reasons explained above, and taking into consideration other matters that will be considered ex officio;

1. In accordance with Article 757/1 of the Turkish Commercial Code , the drawee bank, Bakırköy Branch, is prohibited from paying the check in question, dated 20/09/2025, with serial number 0012345, for the amount of 185,000,000 TL (protective measure).
2. In accordance with Articles 760-762 of the Turkish Commercial Code , it was decided to publish an announcement three times in the Turkish Trade Registry Gazette, giving the party 4 months to bring the check to court ; the announcement included a warning that the check would be canceled if it was not brought.
3. In accordance with Article 757/2 of the Turkish Commercial Code, the place of deposit shall be indicated to the recipient, and if deemed necessary, an appropriate amount of security shall be deposited by us.
4. If the check is not presented within the specified period, the check will be cancelled, and a copy of the decision to the drawee bank, Bakırköy Branch .
5. Court costs and attorney fees shall be covered in accordance with the provisions of the Code of Civil Procedure

I respectfully request and demand that a decision be made. 13/10/2025

Plaintiff (Authorized Holder)
Full Name – Signature

APPENDIX: Power of attorney; incident report/complaint documents; bank statements; photocopy of check/check details; witness list; draft of the TTSG announcement text; list of notification addresses.