In criminal proceedings against the drawer, a bearer who has joined the proceedings as a civil party is entitled to claim before the judges of the criminal court a sum equal to the amount of the cheque, without prejudice, where appropriate, to any damages. He may, however, if he prefers, bring an action for payment of his claim before the civil or commercial courts.
If no civil action has been brought and if the evidence of payment of the cheque is not apparent from the proceedings, the judges of the criminal court may, even of their own motion, order the drawer to pay the payee, in addition to the costs of enforcing the decision, a sum equal to the amount of the cheque, plus, where applicable, interest from the date of presentation in accordance with article L. 131-52 and the costs resulting from non-payment, where the cheque has not been endorsed except for recovery purposes and the original is included in the case file. Where the provisions of this paragraph are applied, the beneficiary may obtain a copy of the enforceable decision under the same conditions as a duly constituted civil party.