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2012 Supreme(Mad) 3451

S.NAGAMUTHU
Abraham Memorial Educational Trust – Appellant
Versus
C. Suresh Babu – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:A. Ramesh, SC for V. Vijayakumar, Advocate.
For the Respondent:K.S. Dinakaran, SC for M/s. Su. Srinivasan, Advocate. For the Amicus Curiae:N.R. Elango (SC), P.N. Prakash, Sankaranarayanan, Advocate.

Judgment :-

1. Whether a Public Charitable Trust is a juristic person and a company in terms of Section 141 of the Negotiable Instruments Act, 1881 is the issue involved in these petitions.

2. The petitioners are the accused Nos.1 and 3 to 9 in S.T.C No.71 of 2012 as well as in S.T.C. No.68 of 2012 on the file of the learned Judicial Magistrate (Fast Track Court), Hosur. Seeking to quash the said cases, the petitioners have come up with these Criminal Original Petitions. The common respondent in these Criminal Original Petitions is the complainant in both the cases before the Trial Court.

3. Since common issues have been raised in both these Criminal Original Petitions, they have been heard together and they are disposed of by means of this common order.

4. The facts of the cases would be as follows:

(i) The first accused is a public charitable trust known as "M/s.Abraham Memorial Educational Trust". The said Trust is running a school in the name and style of "Ebenezer International School" in Bangalore. The common second accused in both these cases by name Abraham Ebenezer was its Chairman and Managing Trustee. The other petitioners herein are the Trustees of the first accused T












































































































































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