Summary:
(TCC No. 6102.article 778/2-c of the same law 676/1, which should also be applied to bonds by sending. article) In order for the provision to be applied that the price of the promissory note is indicated by both the letter and the number and that the dec shown by the letter will be respected if there is a difference between the two prices, it is necessary that no falsification has been made in the number and the writing records. If it is determined that the falsification has been made, the deed must be considered valid for the amount before the falsification (HGK. 14.05.2003 T. 2003/12-347 E. 2003/345 K.).
T.C.
Supreme
- law office
Base No:12157/2014
Decision No:2014/14423
K. Date:14.5.2014
Upon the request of the debtor for the examination of the appellant within the time limit of the court decision with the date and number written above, the file related to this work was sent from the scene to the apartment, and after the report prepared by the Examining Judge for the case file was heard and all the documents in the file were read and examined, the work was discussed and considered as necessary:
Although other appeals are not in place;
Upon notification of the payment order No. 10 of example 168/4 of IIK, in which the creditor proceeds to enforcement proceedings against the debtor by foreclosure on foreign exchange notes based on one bond, the debtor is notified of the payment order No. 10 of IIK.within the legal 5-day period stipulated in the article, he appealed to the executive court, claiming that the portion of the bill shown by the figure “1000” was falsified by adding the figure “0” later and turning it into 10.000 TL, while the portion of the debt of 1000 TL was paid, and that the portion of the debt of 750 TL was paid, he requested that the follow-up be stopped, it seems that the court decided to reject the request.
article 690 of the Turkish Commercial Code No. 6762. article 588/1 of the same Law, which must also be applied to bonds by sending it. in accordance with article (TCC No. 6102.article 778/2-c of the same law 676/1, which should also be applied to bonds by sending. article) In order for the provision to be applied that the price of the promissory note is indicated by both the letter and the number and that the price shown by the letter will be respected if there is a difference between the two prices, it is necessary that no falsification has been made in the dec and the post records. If it is determined that the falsification has been made, the deed must be considered valid for the amount before the falsification (HGK. 14.05.2003 T. 2003/12-347 E. 2003/345 K.).
HMK’s 207. (HUMK.No. 298.) in accordance with the provision of the article, if the protrusion, scrap or deletion in the deed has not been additionally certified, it will not be considered in case of denial. In other words, in order for the changes made to the promissory note to be valid, they must be approved by the organizer with a signature or money order.
Built-in tampering by the court, the Department’s report, dated 12.06.2012 Institute of forensic examination results held on physics specialization; “study the subject matter of the amount on the bill in the place of the current ones, the numbers “0” before the number “0” according to the figures, thinner, with a larger area in the opposite way and it is different and added afterwards,” that the opinion is reported.
In the report of the Ankara Criminal Police Laboratory Directorate dated 20.02.2013, which was removed in the criminal investigation initiated after the debtor’s complaint about the falsification of the promissory note; “the value of the stock figures shown in the household “ones place of the number 10,000 is located in the “0” digit is repeated with the same pen and the other figures, except for through gidilme “10.000” figures,right at the beginning a “1” at the end with the digit “0” in the closing lines of the distance from different digits, plus (Dot) is positioned in the sign it had been observed that a congested condition of, although it was considered possible and probable that the value of the stock was falsified from “1000” TL to “10000” TL by adding the digit “0” in the first digit of the “10.000” digit in the value digit indicated by the figure, it was reported that it could not be made a definitive final statement due to the fact that other additional findings could not be determined”.
At the end of the investigation Ankara High Criminal Court in the civil case Seydişehir removed by the Gendarmerie General Command report dated 25.11.2013 of expertise; “10000 TL ones digit “0” resets other than the digits is passed on with the same pen, repeated transitions for the purpose of tampering, that is made for the purpose of Correction of a transaction that was made inadvertently or when it is not possible to give a positive or negative opinion”, he said.
How much by the court, “located at the home of the stock price, “10.000” ones place the number “0” to the later addition of digits is clearly laid out for the purpose of tampering of whether this could be made in order to fix that you can add later on the grounds that the lawsuit were dismissed; the Department of physics with specialization in Forensic Medicine Institution’s report dated 12.06.2012; it was determined that the “10.000” digit shown in the amount digit of the deed was added later than the current “0” digit in the first digit, and it was understood that the price part of the deed, which is “1000” TL, was falsified and converted to “10.000”TL. Conducted on the subject of a criminal investigation and Prosecution Directorate of Criminal Police Laboratory 20.02.2013 removed in Ankara. Ankara Gendarmerie General Command with the report dated 25.11.2013 expertise expertise dated from the contents of the report are not in conflict with the report of the Forensic Medicine Institution as they determined that the “1000” of the stock with a price of TL “10.000” TL that are converted to the giver and the figure in the section of this change is not valid because it is not approved by that (i.e. tampering UTI) requires the adoption of.
In that case; It is accepted by the court that the bond is worth 1000.00 TL, but it has been tampered with and converted into 10.000.00 TL, IIK 169 /a-5.according to the article, it should be decided that the appeal to the debt should be partially accepted and the pursuit should be stopped for parts and amounts of 9,000.00 TL, while the provision for the full rejection of the request with a written justification is invalid.
CONCLUSION : The court decision on the partial acceptance of the debtor’s appeals for the reasons set out above is based on IIK 366 and HUMK 428. in accordance with the articles (ON ITS DETERIORATION), the refund of the fee received in advance upon request was decided unanimously on 14.05.2014, with a clear way to correct the decision within 10 days from the notification of the decision.
From the decision of the Local Court: “it was understood that the amount was previously written as ”ten thousand uah” at a time to the location of the inscriptions, then the inscription ”ytl” written earlier was converted to ”T” instead of ”yt” and ”I” was converted to ”L” by the method of going to the top and completing it. ”
