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2019 Supreme(Ker) 419

Shibu K. P. – Appellant
Versus
State of Kerala – Respondent


ORDER :

1. The Petitioners are accused in C.C. No. 731 of 2017 on the files of the court of the Judicial Magistrate of First Class-I, Kothamangalam. The 2nd respondents in the above said Crl. M.C. filed a complaint before the court below against the petitioners and other persons alleging offence under Section 138 of the Negotiable Instruments Act 1881 (for short “The N.I. Act”). The Petitioners are the trustees of a Trust, namely, Indira Gandhi Memorial Trust , Nellikuzhy. The Trust is arranged as the first accused in the above said complaint.

2. The above Crl. MCs have been filed praying for quashing the complaint and further proceedings against the petitioners in the above said case.

3. Considering the nature and importance of the question of law involved in these Crl. MCs, this Court appointed Adv. Sri. Jamshed Hafiz as Amicus Curiae.

4. Heard the learned counsel for the petitioners, the learned counsel for the 2nd respondent, the learned Public Prosecutor and the learned Amicus Curiae.

5. The learned counsel for the petitioners Adv. Sri. Shaji Chirayath has argued that since “Trust” is not an “association of individuals”, no successful prosecution against the petitioners, invoking t



































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