Negotiable instrument act

Kunal Sarkar (Querist) 25 February 2013 This query is : Resolved
A person provided financial assistance to a Trust. After several request the President/Secretary/Authorized signatory of the said Trust issued a A/C payee cheque to the said person from the Bank Account in the name of the said trust and subsequently the said cheque was dishonored.

Whether any criminal case under Sec. 138 of NI Act is maintainable against the trust, if so against whom ?

Let me know the specific averments made in the demand notice/complaint petition

plz suggest any case law for preparing the case for dishonour of cheque against trust.

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Nadeem Qureshi (Expert) 27 February 2013
Dear Querist
section 138 of NI act will be applicable along with section 141 of NI act.
Trust will be same as company.

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