GRACY THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces an indictment in a prosecution under S.138 of the N.I. Act. The cheque is for an amount of Rs. 40 lakhs. The cheque shows that it is signed by the petitioner as a Trustee of 'Suja Family Trust.' The said cheque was allegedly issued by the petitioner for the due discharge of a legally enforceable debt/liability. The said cheque when presented was dishonoured by the Bank only on the ground that the funds were insufficient. Notice of demand was issued. It is duly received and acknowledged. It was replied to. It was contended that there was no liability to discharge which the cheque could have been issued. The complainant is a total stranger to the petitioner, it was contended. The cheque was forged it was further suggested. Subsequently, the petitioner is alleged to have filed a complaint before the local police wherein also the allegation is raised that the cheque is forged and the petitioner or the Trust has no liability to the complainant.

(2.) The complainant filed a complaint before the learned Magistrate. Cognizance has been taken. The petitioner has not entered appearance. Before that, the petitioner has come to this Court with a prayer that the powers under S.482 of the CrPC. may be invoked to quash the proceedings.

(3.) The learned counsel have been heard. The learned counsel for the petitioner raised various contentions. First of all, it is contended that the Trust is sui juris and in the circumstances without adopting the Trust as an accused, the trustee cannot be proceeded against. It is by now trite that in a prosecution for commission of an offence by a company, it is not invariable that the company must be made an accused before one who is responsible to the company for the conduct of its affairs is prosecuted. The fact that the Trustee is not arrayed as an accused cannot, in these circumstances, deliver any advantage to the petitioner.