The question of law involved in these Criminal Miscellaneous Cases is, whether in a complaint under Section 138 of the Negotiable Instruments Act, filed by a Government Company as defined under Section 617 of the Companies Act represented by its Development Officer (Law), it is necessary for the Magistrate to examine the complainant under Section 200 of the Code of Criminal Procedure or whether clause (a) of the first proviso to Section 200 would apply to the case.

2. Five Criminal Miscellaneous Cases are filed by the accused Surendran seeking to quash the proceedings in five cases pending before the Court of the Judicial Magistrate of the First Class-I, Ernakulam. Other eight Criminal Miscellaneous Cases are filed by Rajan, accused in those cases, to quash the proceedings therein, pending before the Courts of Chief Judicial Magistrate, Ernakulam, Chief Judicial Magistrate, Thrissur and Courts of Judicial Magistrate of the First Class at Thrissur, Kochi and Ernakulam.

3. The complaint was filed by the National Small Industries Corporation Limited represented by its Development Officer (Law). It is stated in the complaint that the complainant is a Government Company as def