How Can You Collect a Bounced Check Through Criminal Complaint in Iran?

Introduction

Many people believe that if a check bounces, they can only pursue it through civil court or administrative enforcement. However, if the check meets certain conditions, the holder can file a criminal complaint against the issuer, which may lead to both collection of the check amount and criminal penalties such as imprisonment and banking restrictions.

This article explains:

What types of checks are eligible for criminal prosecution

The legal process for filing a criminal complaint

Required documents

And under what conditions the complaint may be rejected

What Type of Check Can Be Prosecuted Criminally?

Under the Amended Iranian Check Law (2018), only checks that meet the following conditions are subject to criminal prosecution:

The check must be payable on demand (i.e., dated and issued the same day)

The check must not be issued as a guarantee, collateral, or deposit

The holder must bounce the check within 6 months of the issue date

The criminal complaint must be filed within 6 months of the non-payment certificate date

If any of these conditions are not met, the holder must use civil litigation or administrative enforcement, not criminal prosecution.

Steps to File a Criminal Complaint for a Bounced Check

Obtain the Certificate of Non-Payment from the bank

File a criminal complaint via Iran’s Electronic Judiciary Service Office

Case is referred to the Public Prosecutor's Office (jurisdiction depends on the bank's location)

Issuer is summoned and investigated

Prosecutor may issue restraining orders (e.g., travel ban, arrest)

Case is sent to the criminal court

Court may convict the issuer and sentence both imprisonment and repayment

Required Documents

To file a criminal complaint, the following documents are typically required:

Original check

Bank-issued non-payment certificate