The essence of the unregistered cheque in the Sayyad system and the possibility of filing a lawsuit to require registration

The extensive use of cheques and the necessity of overseeing the entire process from issuance to collection have drawn particular attention from lawmakers regarding this commercial instrument. The purpose of the Cheque Issuance Law is to prevent the issuance of dishonored cheques and to move toward fully electronic documentation. Consequently, the Sayyad system was established, making cheque registration obligatory within it. However, due to the lack of cultural awareness and the traditional mindset of many users regarding this commercial document, a new problem emerged: the non-registration of cheques in the system. The primary question raised is the “legal essence of an unregistered cheque in terms of being a civil or commercial document.” The answer to the previous question impacts the rights of the cheque holder, leading to another question: “The possibility of filing a lawsuit to require the registration of a cheque?” In this research, adopting a descriptive-analytical approach, studied library resources and relevant laws and by collecting legal experts’ opinions and arguing based on legal texts, arrived at clear answers to the aforementioned questions. The final conclusion, after presenting detailed evidence from both sides of the dissension, rejects the arguments of those who consider this unregistered document as commercial. By proving its civil essence, the claim that it is possible to file a lawsuit to require the registration of a cheque will also be dismissed. Therefore, efforts should be made to promote public awareness of cheque registration and encourage trust in CBI systems.