TMI Blog2018 (6) TMI 815X X X X Extracts X X X X X X X X Extracts X X X X ..... ibed period of limitation - petition dismissed. - Crl.O.P.Nos.10510 and 10511 of 2011 & Crl.M.P.Nos.1 to 3 of 2011 - - - Dated:- 5-6-2018 - R. Hemalatha, J. For the Petitioners : Mr.T.T. Ravichandran For the Respondent : Mr.K. Selvaraj ORDER Heard Mr.T.T.Ravichandran, learned counsel appearing for the petitioner and Mr.Rajasekaran, learned counsel appearing for the 1st respondent and Mr.K.Selvaraj, learned counsel appearing for the respondent. 2. D.Anuradha, petitioner in Crl.O.P.No.10510 of 2011 and D.Jeyapal, petitioner in Crl.O.P.No.10511 of 2011, who are arrayed as accused No.6 and 3 respectively in C.C.No.198 of 2010 on the file of the Judicial Magistrate No.V, Salem, have filed the present petitions under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... District 5,00,000 2 286917 dated 18.06.2009 Indian Overseas Bank, Thimmapuram,Krishnagiri District. 5,00,000 3 286918 dated 25.06.2009 Indian Over Seas Bank, Thimmapuram, Krishnagiri District. 3,64,416 These cheques were signed by J.Archanakumari (A2). According to the respondent/complainant, the accused No.2 to 6 are jointly managing the trust and they are also taking part in the day today affairs of the trust. When the respondent/complainant presented 2 cheques out of 3 cheques for encashment through their bankers namely Canara Bank, Alagapuram Bran ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o-nominees of the trust, cannot be fastened with any liability and the provisions of Section 141 of the Negotiable Instruments Act have not also been strictly complied with by the respondent/complainant. (ii) Though the cheques were dishonoured on 18.12.2009, the complaint has been filed only on 18.02.2010 and hence, the complaint is barred by limitation. 4. At the outset, it may be observed that the petitioners have not produced a copy of the trust deed before this court to show that the petitioners are only eo-nominees of the trust. At this juncture, it is to be pointed out that it is settled law that the trust either private or public/charitable or otherwise is a juristic person, who is liable for punishment for the offence unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a ground for quashing the proceedings against such persons under Section 138 of Negotiable Instruments Act. 6. A perusal of the complaint shows that there are sufficient averments to the effect that these petitioners being trustees were in charge of the trust. As already observed, the petitioners have not produced a copy of the Trust Deed to show that they are only eo-nominees of the trust. Therefore, I hold that there are prima facie materials available to proceed against the petitioners herein. 7. The contention of the petitioners is that since the cheques were returned on 18.12.2009 and the complaint is filed only on 18.02.2010, the complaint is barred by limitation. It is to be pointed out that the cause of action to file a compla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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