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2015 (9) TMI 1189 - MADRAS HIGH COURT

2015 (9) TMI 1189 - MADRAS HIGH COURT - TMI - Offence u/s.138 of the Negotiable Instruments Act - cheques were returned unpaid owing to "insufficient funds" - Held that:- Two of the cheques are drawn on the account of the College and one on the account of the Trust. Only the signatory of the cheque/Chairman of the College has been arrayed as an accused. When admittedly, borrowings were effected towards development of the College constituted under the Trust, the liability therein primarily would .....

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ments of Courts below shall stand set aside. Petitioner is acquitted of all Charges. Fine amount, if any paid, shall be refunded to petitioner. Bail bonds, if any, shall stand cancelled. - Decided in favor of petitioner. - CRL.R.C.No.953 of 2011 - Dated:- 27-3-2015 - Mr. C.T.SELVAM, J. For The Petitioner : Mr.P.Kumaresan For The Respondent : Mr.R.Muniyapparaj ORDER This Criminal Revision arises against concurrent judgments of Courts below convicting petitioner of offence u/s.138 of the Negotiabl .....

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002, 31.07.2002 and 02.08.2002 respectively drawn on Indian Overseas Bank, Kilpauk, Chennai. Respondent presented the cheques for payment in Lakshmi Vilas Bank, Panruti, on different dates but the same were returned unpaid owing to "insufficient funds". Respondent/complainant caused statutory notice on 12.09.2002 and petitioner/accused having received the same, failed to effect repayment. Hence, in keeping with the provisions of Section 138 of the Negotiable Instruments Act, respondent .....

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2007 before learned Additional District Sessions Judge, Fast Track Court II, Cuddalore, which came to be dismissed under judgment dated 13.05.2011. There against this revision. 5. Heard learned counsel for petitioner and learned counsel for respondent. 6. The complaint of Respondent begins with informing: 'Petitioner, who is a close relative of respondent, is the founder of a trust viz., 'Krishna Educational Trust' and he started a Self Financing Engineering College by name 'Sri .....

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2.08.2002 and the same was returned unpaid for the reason 'insufficient funds' on 07.08.2002. Again, respondent presented the same cheque and an other cheque bearing No.701617 on 31.08.2002 and the same were returned for the same reason on 05.09.2002. Likewise, the cheque bearing No.214015 was also returned. Thereafter, presentation of the cheque, return thereof, issuance of statutory notice and preference of complaint in keeping with Section 138 of the Negotiable Instruments Act are inf .....

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e of and responsible to the Trust/College in the conduct of its affairs. That he is so would find support from the fact that he is the signatory of the cheque. However, in the absence of arraying the Trust/College, the question of vicarious liability of petitioner does not arise. 8. This Court in Abraham Memorial Educational Trust and others v. C.Suresh Babu [2012 (2) MWN (Cr.) (DCC) 161 (Mad.)] held that a Trust would answer to the name of 'Company' as defined in proviso to Section 141 .....

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