Sankar Padam Thapa vs Vijaykumar Dineshchandra Agarwal

The Supreme Court examined whether a complaint under the Negotiable Instruments Act can be maintained against a Chairman or Trustee of a Trust when the Trust itself is not made an accused. The Court considered the legal implications of issuing a cheque on behalf of a Trust and the procedural requirements for prosecuting individuals associated with the Trust. The judgment clarified that in the absence of the Trust being an accused, proceedings against individual trustees or chairpersons may not be sustainable unless specific provisions are met. The Court ultimately upheld the quashing of proceedings against the individual based on the procedural irregularity.