Supreme Court · 2025 INSC 1210 · Decided 9 October 2025

Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal

Court
Supreme Court of India
Citation
2025 INSC 1210 · [2025] 11 S.C.R. 197
Case number
CRIMINAL APPEAL No. 4402/2025
Decided
9 October 2025
Bench
AHSANUDDIN AMANULLAH, PRASHANT KUMAR MISHRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 420; NI Act Section 138, 142, 3, 13

Headnote

Whether in the absence of a Trust being made an accused in a complaint under the Negotiable Instruments Act, 1881, when a Cheque has been issued on behalf of a Trust, the said complaint would be maintainable against the Chairman/a Trustee of the Act, 1881 - Trusts Act, 1882 - Cheque issued in favour of the Appellant under the signature of the Respondent-Chairman of the Trust as authorized signatory of the Trust, was dishonoured - Appellant filed complaint against the Respondent for offences u/ss.138 and 142, NI Act

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