Saturday 22 June 2019

Complaint Not Maintainable Against Trustees For Dishonour Of Cheque

Posted on June 22, 2019by with 9 comments

Sec.138 NI Act - Complaint Not Maintainable Against Trustees For Dishonour Of Cheque

"Trust" is not a juristic person or a legal entity, as the juristic person has a legal existence of its own and hence it is capable of suing and being sued in a Court of law. Thus it appears that a "Trust" is not like a body corporate, which has a legal existence of its own and therefore can appoint an agent. The above discussion would make it clear that a "Trust" is not a body corporate.
"Trust" cannot be said to be an "association of persons / body of individuals".
The above discussion would make it clear that the "Trust" is not a "body corporate" or an "association of individuals" as provided in the explanation to S.141 of the N.I. Act. Therefore, no prosecution against the trustees, invoking the provisions under S.141 of the N.I. Act, can be maintained. (Kerala High Court, B Sudheendra Kumar, J, Crl. M. C. No. 3799, 3801, 3804, 3827, 3832, 3843, 3844, 3847, 3852 of 2018, D/06.02.2019.

9 comments:

  1. Mahaveer22 June 2019 at 05:20

    Best one.

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  2. Deviram22 June 2019 at 08:20

    Very good information for about 138 cases.

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  3. Hhh22 June 2019 at 21:18

    Good information.

    ReplyDelete
  4. Unknown23 June 2019 at 03:29

    Good update

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  5. Unknown23 June 2019 at 22:29

    Good update

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