LAWS(MAD)-2012-8-32

ABRAHAM MEMORIAL EDUCATIONAL TRUST Vs. C SURESH BABU

Decided On August 07, 2012
ABRAHAM MEMORIAL EDUCATIONAL TRUST Appellant
V/S
C SURESH BABU Respondents

JUDGEMENT

(1.) Whether a Public Charitable Trust is a juristic person and a company in terms of Section 141 of the Negotiable Instruments Act, 1881 is the issue involved in these petitions. The petitioners are the accused Nos.1 and 3 to 9 in S.T.C No.71 of 2012 as well as in S.T.C. No.68 of 2012 on the file of the learned Judicial Magistrate (Fast Track Court), Hosur. Seeking to quash the said cases, the petitioners have come up with these Criminal Original Petitions. The common respondent in these Criminal Original Petitions is the complainant in both the cases before the Trial Court.

(2.) Since common issues have been raised in both these Criminal Original Petitions, they have been heard together and they are disposed of by means of this common order.

(3.) The facts of the cases would be as follows: