Breaking Supreme Court Legal Update
New Delhi · Thursday, 30 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2025-10-09 allowed

Shankar Padam Thara vs .Vijay Kumar

Bench: 2 — Ahsanuddin Amanullah, Prashant Kumar Mishra

In Brief

The Supreme Court held that a Trust is not a separate legal entity or juristic person and therefore cannot be made an accused in a criminal complaint under the Negotiable Instruments Act. When a cheque is dishonoured, the complaint is maintainable only against the Trustee who signed it, without requiring the Trust to be a party. Trusts operate exclusively through Trustees, who bear all legal responsibility for acts done on behalf of the Trust. The Court rejected the view that Trusts should be treated like companies under the NI Act, clarifying that only Trustees can sue or be sued to protect trust property, as established by the Indian Trusts Act, 1882.

The lawyer headnote and full judgment text are available to registered users.

Criminal Procedure Negotiable Instruments Act Cheque Dishonour Trusts Trustee Liability Criminal Law Vicarious Liability Juristic Persons Company Law vs Trust Law Criminal Appeals

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login