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Manager Can't Prosecute Under Section 138 NI Act in Personal Capacity If Cheque Is in Firm's Name: Kerala High Court

24 Jun 2025 3 min read
Manager Can't Prosecute Under Section 138 NI Act in Personal Capacity If Cheque Is in Firm's Name: Kerala High Court

The Kerala High Court has clarified a crucial aspect of Section 138 of the Negotiable Instruments Act, 1882, ruling that a manager of a company or firm cannot file a complaint in his personal capacity when the cheque in question is issued to the firm and not to him personally. The case was heard by Justice A. Badharudeen, who dismissed a criminal appeal filed by a branch manager of a…

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