Supreme Court of India
Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal
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What the Court ordered
Resultantly, the subject- proceeding in Criminal Case No.44(S)/2019 stands restored to its original file and number, to be proceeded with by the Court concerned in accordance with law.
Judgment, page 26
From the headnote
Issue for Consideration Whether in the absence of a Trust being made an accused in a complaint under the Negotiable Instruments Act, 1881, when a Cheque has been issued on behalf of a Trust, the said complaint would be maintainable against the Chairman/a Trustee of the said Trust. Headnotes† Negotiable Instruments Act, 1881 – Trusts Act, 1882 – Cheque issued in favour of the Appellant under the signature of the Respondent-Chairman of the Trust as authorized signatory of the Trust, was dishonoured – Appellant filed complaint against the Respondent for offences u/ss.138 and 142, NI Act as well
Authorities it was built on
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- 1964 Tata Engineering and Locomotive Co. Ltd. v. State of Bihar and Others
- 2022 Pawan Kumar Goel v. State of U. P. & Another
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