In short
A company that endorses a customer's cheque shows, on the back of the cheque, that it took over the right on the cheque. If there is no endorsement and no delivery, authority in negotiable-instrument enforcement is debated, and a blank back does not mean the goods were not sold. The cheque coming back unpaid does not by itself destroy the invoice for the goods. The company reads the invoice claim separately despite the blank back, and does not join the two documents as a single item. The day of presentment is read from the stamp on the original cheque. Endorsement of a promissory note is not carried onto this back.
The back of the cheque
The order of endorsers is read from the sequence of signatures and stamps on the back of the cheque, starting from the drawer. If the company's trade name is missing, the signature is unauthorised, or the endorsement was struck through, the chain may look broken. A broken chain does not mean the goods were never sold, and the invoice does not repair that break by itself. It is written in the enforcement petition in what capacity the cheque was put in, and an unauthorised stamp does not complete the chain by itself.
Each endorser in the sequence must show on the reverse that it took over from the previous link. If the trade name is missing, or it does not match the authority in the signature circular, the link looks broken, and the break does not erase the sale of the goods. A struck-through endorsement does not cause the signature under it to be ignored. The striking through is described separately as well.
Two doors of enforcement
The general frame of the negotiable-instrument route stands in negotiable-instrument enforcement. The enforcement door for a cheque debt stands in enforcement of a cheque debt. If the negotiable-instrument route is chosen while there is no presentment stamp, the file may stick on that document. The day of presentment is not fixed in this article, and the date on the stamp is read from the original cheque in the file. The negotiable-instrument door is not forced, on a cheque that has no original, by relying on a photocopy of the invoice.
The date on the presentment stamp is not turned into a number of days in this article, and a date is not invented while there is no stamp. If the original cheque is not in the file, a photocopy is not put in the place of the original and the negotiable-instrument route is not treated as opened. The kind of enforcement is not chosen before the face of the cheque and the endorsement on the back are read together.
The invoice may still stand
The cheque may be an instrument of payment given for payment of the invoice price, and the cheque coming back unpaid does not by itself erase the price of the goods. Enforcement without a judgment on the invoice stands in enforcement for an invoice. The same sum is not demanded a second time both from the cheque and from the invoice, and if there was an earlier collection the second demand is reduced with the document of collection. The invoice does not complete the endorsement on the back of the cheque.
If the amount of the cheque was collected earlier, the invoice claim falls with that document of collection as well, and it is not demanded a second time. If there was no collection, the invoice does not close by itself because the cheque came back unpaid. If the amounts of the two documents differ, the difference is not reduced to a single item without writing which document it came from.
A promissory note is not this cheque
Endorsement on a promissory note is read from endorsement on a note, and a customer's cheque is not a photograph of a promissory-note leaf. The endorsement is read together with the company's stamp and the authority in the signature circular. A signature whose name is not in the circular does not build the chain by itself even if it was put on the back of the cheque. The sentence required for a promissory note is not memorised onto the back of a customer's cheque.
A customer's cheque is not a separate leaf like a promissory note, and the endorsement sentence of the note is not carried onto the back of the cheque. The company stamp is read together with the person whose name is in the signature circular. A signature outside the circular does not make the endorser authorised by itself even if a stamp was impressed.
What is looked at in a cheque file
The question of what a company that endorses a customer's cheque does is built from reading the original cheque and the invoice document side by side. Counsel in Ankara reads from the file that the office being in Çankaya does not change the office of the negotiable-instrument enforcement. A blank back does not erase the price of the goods. The day of presentment and the condition of endorsement are taken from the record on the instrument and are not invented. A photocopy does not open the negotiable-instrument door while there is no original cheque.
Conclusion
On a customer's cheque, what is looked at is the chain of endorsements and whether the cheque stands in place of the invoice or beside it. A blank back cannot erase the price of the goods, the same sum is not demanded a second time through two doors, and the day of presentment is not tied to a number other than the stamp on the original cheque. The frame stands on the enforcement and bankruptcy page. The basis is Turkish Commercial Code No. 6102 and Enforcement and Bankruptcy Code No. 2004.