SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2025 Supreme(SC) 1794

AHSANUDDIN AMANULLAH, PRASHANT KUMAR MISHRA
Sankar Padam Thapa – Appellant
Versus
Vijaykumar Dineshchandra Agarwal – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Aditya Singh, AOR Mr. Shubham Singh, Adv. Mr. Kamal Kishor, Adv. Mr. Vaseem, Adv.
For the Respondent(s): Mr. Ardhendumauli Prasad, Sr. Adv. Mr. Dinesh Gangwani, Adv. Mr. Amjid Maqbool, Adv. Ms. Prachi Pratap, Adv. Dr. Prashant Pratap, Adv. Ms. Pallavi Pratap, AOR

JUDGMENT :

AHSANUDDIN AMANULLAH, J.

Leave granted.

2. The question for consideration in the instant appeal is as to whether in the absence of a Trust being made an accused in a complaint under the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘NI Act’), 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?

THE IMPUGNED JUDGMENT:

3. The instant appeal arises from the Final Judgment and Order dated 21.11.2022 (hereinafter referred to as the ‘Impugned Judgment’) [2022 SCC OnLine Megh 624| (2023) 1 GauLT 344], passed by a learned Single Judge of the High Court of Meghalaya, Shillong (hereinafter referred to as the ‘High Court’) in Criminal Petition No.31/2019, wherein the High Court quashed and set aside the proceedings in Criminal Case No.44(S)/2019 pending before the Court of the learned Judicial Magistrate, Shillong (hereinafter referred to as the ‘Trial Court’) and the Summoning Order dated 11.02.2019 passed against the Respondent.

4. The William Carey University (hereinafter referred to as the ‘University’), a recognized Private University, owned and sponsored by the Agriculture

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top