JUDGMENT

R.V. Raveendran, J. —

Leave granted. Heard the counsel for the parties. The following question of law arises for consideration in these appeals : Where a complaint in regard to dishonour of a cheque is made by a Government company, represented by its officer who is a public servant, whether the exemption made under clause (a) of the proviso to section 200 of Code of Criminal Procedure, (‘Code’ for short) is available?

Crl. Appeal No.1802/2008 (@ SLP(Crl.) No.2009/2007)

2. The National Small Industries Corporation Limited (‘NSIC’ for short)- the appellant herein, is a ‘government company’ within the meaning of that expression under section 617 of the Companies Act, 1956. Its object is to extend financial and other assistance to small scale industries. The appellant lodged a complaint in the Court of the Metropolitan Magistrate, Delhi, alleging that the second respondent company had issued a cheque drawn in favour of the appellant, towards discharge of its liability, and the said cheque was dishonoured when presented for payment. The appellant therefore prayed for summoning and punishing the second respondent and its Directors (respondents 3 and 4).

3. On 4.2.2002, the learn