S.138 NI Act | Cheque Dishonour Complaint Maintainable Against Trustee Without Arraying Trust As Accused : Supreme Court

The Supreme Court examined whether a complaint under Section 138 of the Negotiable Instruments Act can be maintained against a trustee personally where the cheque was issued from trust funds, without making the trust itself a formal accused. It held that when the trustee is the signatory and recipient of the cheque and the complainant identifies the trustee as the person responsible for the bouncing of the cheque, a criminal complaint against the trustee in his personal capacity can be validly entertained even if the trust entity itself is not arrayed as an accused, provided the averments show personal liability. The judgment balances protection of creditors under S.138 with the need to correctly identify the real wrongdoer and provides guidance on pleadings and proof required to sustain proceedings against trustees in such cases.