Critical view to legislature's criminal policy regarding cheque based on its commercial nature

Whereas cheque, as a negotiable instrument is increasingly used, its problems based on unpayment forces the legislator to use penal solution to restrain them. However, the extent of claims about bounced cheques shows that actually this policy was not useful.It seems to be profitable if legislator apart from recognition of holder's rights tries to recognize the nature of cheques seeking help from commercial regulations instead of changing its nature to solve problems.In this article, we made an effort to consider last researches and the cheques's legislation diary and describe the nature of cheques as an independent commercial instrument in order to open a new way to the legislator to use penal implement in the commercial sphere, effectively. Also it would be more effective if he uses the capacity of civil and commercial sanctions to avoid society issuing bounced cheques.