Case Law Details
Prana Educational and Charitable Trust Vs State of Kerala (Kerala High Court)
Kerala High Court held that a trust, either private or public/charitable or otherwise, is a juristic person who is liable for punishment for the offence punishable under Section 138 of the Negotiable Instruments Act (NI Act).
Facts- This revision petition has been filed u/s. 397 and 401 of Code of Criminal Procedure. The revision petitioners are the accused on the files of the Court of Special Judicial First Class Magistrate (N.I.Act Cases), Kozhikode and the appellants on the files of the Sessions Court, Kozhikode Division. The respondents herein are the original complainant as well as the State of Kerala.
The case put up by the complainant before the trial court was that in order to discharge liability to the complainant and her husband to the tune of Rs.9,50,000/-, the 2nd accused issued cheque for Rs.9,50,000/- dated 03.04.2013 drawn on the account maintained by the 1st accused (Prana Educational and Charitable Trust) and the said cheque was dishonoured for the reason “funds insufficient”. Accordingly, the complainant launched prosecution against the accused alleging commission of offence punishable u/s. 138 of the Negotiable Instruments Act, since the accused failed to make the payment of the cheque amount on demand, within the statutory period.
Notably, challenging the concurrent verdicts of conviction and sentence imposed by the trial court as well as the Appellate Court, this revision petition has been filed.
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