ITEM NO.14 COURT NO.15 SECTION II

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).4459/2023

(Arising out of impugned final judgment and order dated 21-11-2022

in CRLP No. 31/2019 passed by the High Court Of Meghalya At

Shilong)

SANKAR PADAM THAPA Petitioner(s)

VERSUS

VIJAYKUMAR DINESHCHANDRA AGARWAL Respondent(s)

(FOR ADMISSION )

Date : 21-04-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY

HON'BLE MR. JUSTICE VIKRAM NATH

For Petitioner(s) Mr. Aditya Singh, AOR

Mr. Shubham Singh, Adv.

Mr. Vaseem, Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

Mr. Aditaya Singh, learned counsel for the petitioner

would submit that the High Court should not have allowed

quashment of the complaint filed under Section 138 of the

Negotiable Instruments Act, 1881 on the ground that the

complainant had not impleaded the Trust as an accused

while arraying only the Chairman of the Trust who had

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Digitally signed by

Jayant Kumar Arora

Date: 2023.04.25

17:07:54 IST

Reason:

Signature Not Verified

issued the cheque. The counsel would submit that the High

Court wrongly relied on Aneeta Hada vs. Godfather Travels

and Tours Private Limited reported in (2012) 5 SCC 661 as

the same relates to a Company and is not applicable to

Trust, per se. He would also canvass the view taken by

the High Court in K. P. Shipu v. State of Kerala reported

in 2019 SCC OnLine ker 7585 where the High Court had

expressed the opinion that Trust is neither a body

corporate nor an association of individual as provided in

Explanation to Section 141 of the Negotiable Instruments

Act. Therefore prosecution against the Trust is not

maintenable under the provisions of Section 141 of the

Negotiable Instruments Act as the section can operate only

for prosecution of the companies.

Issue notice, returnable in four weeks.

Dasti, in addition, is permitted.

(DEEPAK JOSHI) (KAMLESH RAWAT)

COURT MASTER (SH) ASSISTANT REGISTRAR

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