S RAJAKUMAR (ADVOCATE) 05 August 2012

Can a public trust be prosecuted u/s.138 of n.i. act

Dear Sirs,

A Public Trust issues a cheque and the same is got bounced for insufficient funds. Can a Public Trust can be prosecuted u/s.138 of N.I. Act. Also whether all the Trustees can be prosecuted u/s.138 of N.I. Act. Can Explanation 1, U/s. 141 of N.I. Act can be extended to Trust also.

Kindly advice and provide case laws if available.

Regards

S. Rajakumar

Advocate

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8 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 05 August 2012

yes the trust and the trustees who are responsible for conducting the regular affairs are liable.

S RAJAKUMAR (ADVOCATE) 10 August 2012

Thank you for your reply. Sorry for not communicating immediately. Can you help me with some case laws if available.

Regards

S. Rajakumar

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 11 August 2012

It is the basic law, just read the N I act thoughly

Sudhir Kumar, Advocate (Advocate) 18 August 2012

S/138 is a criminal procedure and it cannot be issued against a body corporate. It can be issued only against Mr ____ s/o ______ r/o ______.

So the person who signed cheque is responsible.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 18 August 2012

criminal laws are against all persons so it includes UNNATURAL PERSONS like copmanies, trusts etc.

Sarita Nakhe (Owner) 28 June 2013

Yes you are right.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 03 July 2013

Rajakumar Ji,

Make one thing very clear that, any association of persons which is formed by law , can sue others and can be sued by others being a separate entity, this is clear law , so please catch everyone who were in charge of affaires of that Trust at the time of issue of cheque.