Cheque as payment method, the crime of causing the "unrequited" transaction on the cheque and its consequences

Cheque is a kind of assignment of money order of a certain amount of money to be paid to the cheque bearer by the order of the issuer to the drawee bank. The cheque concept that is providing great convenience with its use in place of cash in commercial life, is also encouraged by the public authority in terms of registering the trade. However, in our country, cheque is on agenda by its use as a loan instrument rather than its use as a payment instrument. Although it is not clearly expressed by the legislator, in practice, the problems related to the feature of cheque as a credit instrument could not be resolved. Legal regulations on this topic are pretty inadequate. In this study, the definition of cheque has been made in conceptual framework and the issue of 'unrequited cheque' emerging from its use as an instrument of credit has been examined. In this regard, the 'crime of causing the unrequited action' has been evaluated in terms of legal and criminal. The punishment of the crime of causing 'unrequited' process and its situation in the concordat process and consequnces are discussed.