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Sankar Padam Thapa vs Vijaykumar Dineshchandra Agarwal on 21 April, 2023

Bench: Hrishikesh Roy, Vikram Nath

     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 Signature Not Verified complainant had not impleaded the Trust as an accused Digitally signed by Jayant Kumar Arora Date: 2023.04.25 while arraying only the Chairman of the Trust who had 17:07:54 IST Reason:

 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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