In Case of a Contradiction, It Is Necessary That No Falsification Has Been Made In the Figures And Writing Records In Order To Give Credit To What Is Stated In Writing – Decision of the Supreme Court

Summary:

(TCC No. 6102.778/2-c of article 676/1 of the same law, which should also be applied to bonds. item) and also indicated by two figures, both of writing and the bond price if a difference is found between the price the price shown with the article on how to be the reputation of the provision to be made for the implementation of any alterations in the number and type of record is required. 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
12. law office

Main Number:2014/12157
Decision No:2014/14423
K. Date:14.5.2014

Upon request by the debtor of the appeal audit within the period of the court decision with the date and number written above, the file related to this work was sent to the apartment from the scene and the report prepared by the Audit Judge for the case file was listened to and all the documents in the file were read and examined, then the requirements of the work were discussed and considered:

Even if other appeals are not in place;

Upon the notification of the payment order numbered 10, for example, that the payee has been transferred to enforcement proceedings against the debtor by way of foreclosure on foreign exchange notes based on one bond, the debtor is required to comply with Article 168/4 of the IIK.applying to the enforcement court within the legal 5-day period stipulated in the article, he requested that the follow-up be stopped by claiming that the part of the bill indicated by the number, which is the basis for the follow-up, was falsified by converting the “0” digit into 10,000 TL by adding it later, and that the 1000 TL debt was paid 750 TL, it is seen that the court decided to reject the request.

690 of the TCC No. 6762. 588/1 of the same Law, which should also be applied to bonds by sending its article. in accordance with Article (TCC No. 6102.778/2-c of article 676/1 of the same law, which should also be applied to bonds. item) and also indicated by two figures, both of writing and the bond price if a difference is found between the price the price shown with the article on how to be the reputation of the provision to be made for the implementation of any alterations in the number and type of record is required. 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.nun 298.) in accordance with the provision of the article, if the protrusion, scraping or deletion in the promissory note has not been confirmed separately, it is not taken into account in case of denial. In other words, in order for the amendments made to the promissory note to be valid, they must be approved by the issuer by signing or initialing.

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 dated 20.02.2013 of the Ankara Criminal Police Laboratory Directorate, which was taken into account in the criminal investigation initiated upon 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 “0” digit in the digit of the “10.000” digit in the value digit of the said bill was falsified from “1000” TL to “10000” TL by adding additional spelling afterwards, a definitive result statement could not be made due to the fact that other floor findings could not be determined,”it was reported.

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.

Although the court decided to dismiss the case on the grounds that “it is not clear whether the subsequent addition of the digit “10.000” to the digit “0” in the price digit of the bill was for falsification, and this subsequent addition may have been made for correction purposes”; with the report of the Department of Physics Specialization of the Forensic Medical Institution dated 12.06.2012; it was determined that the “10.000” digit shown in the amount digit of the bill was added to the existing “0” digit in the first digit, and it was understood that the price section of the bill, which was “1000” TL, was converted to “10.000” TL by falsification. 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; the court accepted that the bond was converted into 10.000,00 TL by falsifying it, even though it was worth 1000,00 TL, and accepted that it was converted into 169 / a-5 of the IIK.in accordance with the article, it should be decided to partially accept the objection to the debt and to stop the proceedings for the part of 9.000,00 TL and its fers, while the provision in the direction of complete rejection of the claim with a written justification is unjustified.

CONCLUSION : With the partial acceptance of the debtor’s appeal objections, the court’s decision was based on the reasons written above in SEC 366 and HUMK 428. in accordance with its articles, it was unanimously decided on 14.05.2014 to refund the fee received in advance if requested, with the way of correcting the decision being open within 10 days from the notification of the decision.

From the Decision of the Local Court: “It was understood that the amount had been written to the location of the articles as ”ten thousand ytl” at one time, and then the ”yt” was converted to ”T” instead of ”ytl” and ”I” was converted to ”L” by the method of going over the top and completing the previously written ’ytl’ inscription. ”

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