ISTANBUL PUBLIC PROSECUTOR’S OFFICE FOR FORGERY AND FRAUD
FILE NO: 2013/….. Preliminary Investigation
SUSPECT:
ATTORNEY: Attorney
COMPLAINANT:
EXPLANATIONS
I-The complainant ……………….. has a business relationship with our client …………. He issued four checks in exchange for various goods he received from our client. However, when the checks were presented to the bank, it was discovered that they were dishonored, and the checks were marked as such. (Appendix-1 Check Photocopies). Subsequently, during discussions with the debtor, the complainant requested the return of the dishonored checks and stated that he would issue new checks in their place, giving our client a check dated ………………….. for the amount of …………………. The check receipt regarding the checks was drawn up between the client suspect and the complainant on ……………….. date. The check was recorded in the company records of which our client is the authorized representative.
2-The client gave his statement regarding the incident at the Istanbul Chief Public Prosecutor’s Office, where he resides, and submitted the relevant pages of the journal showing the commercial relationship between him and the complainant, the relevant pages of the journal, invoices and delivery notes showing the purchase and sale of goods, photocopies of the returned dishonored checks as requested by the complainant, and checks issued for previous purchases.
3-As stated above and as can be understood from the current account statements submitted by us, together with the attachments submitted by the client to the prosecutor’s office, there is a commercial relationship between the complainant and the client, and the checks subject to this complaint, as a result of the transactions between them, were given by the complainant to the company owned by the client with his own consent. Therefore, there is no crime as alleged by the complainant, and the client did not commit the crime attributed to him.
CONCLUSION AND REQUEST: For the reasons stated and explained above, we respectfully request that you decide that there are no grounds for prosecution against the client because he did not commit the crime attributed to him.
Yours sincerely,
Defense Counsel