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No escape for signatory Trustee! Cheque dishonour complaint valid even if Trust not made accused – Rules Supreme Court

Case Law Details

Case Name
Sankar Padam Thapa Vs Vijaykumar Dineshchandra Agarwal (Supreme Court of India)
Date of Judgement/Order
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Advertisement Sankar Padam Thapa Vs Vijaykumar Dineshchandra Agarwal (Supreme Court of India) Trust not a juristic person – cheque-bounce case maintainable against Trustee who signed the cheque – Cheque bounced from Trust account? Supreme Court says signatory Trustee can be prosecuted even without arraigning the Trust Core Issue Whether a complaint under Section 138 of the Negotiable Instruments Act (NI Act) is maintainable against the Chairman/Trustee of a Trust when the Trust itself is not made an accused, though the cheque was issued on behalf of the Trust. Background Facts Willi...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,900

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