Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Trust - Trust not arraigned as an accused in complaint - Complaint is maintainable against Trustee who has signed the cheque, without requirement to array Trust also as an accused...........
Trusts Act, 1882, Section 3 -- Trust - Trust does not have a separate legal existence of its own making it incapable of suing or being sued - Trustee has the obligation to file, maintain and defend any suit on behalf of Trust...........