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National Small Industries Corporation Ltd. – Appellant
Versus
State (NCT of Delhi) – Respondent
Key Points: - The appellant lodged a complaint on dishonour of a cheque by a government company represented by its officer who is a public servant; exemption under clause (a) to section 200 Cr.P.C. is invoked. (!) - A government company is not a ‘public servant’, but its employees can be public servants; exemption applicable when the complainant is a public servant acting in discharge of official duties or a court. (!) (!) - When the complainant is an incorporeal body (company) represented by an employee who is a public servant, the employee is the de facto complainant; exemption applies if the complainant is a public servant. (!) (!) - The NI Act requires the payee to be the complainant; for corporate payees, the company is the de jure complainant and must be represented by a human agent; the de facto complainant may be a public servant. (!) (!) - The court shall examine the complainant on oath unless the exemption applies; the exemption is triggered when the complainant is a public servant or when the complaint is made by a court. (!) (!) - The decision clarifies that where the incorporeal payee is represented by a public servant, the exemption under clause (a) is available, and the Magistrate need not examine the complainant and witnesses. (!) - The appeal results in restoring the summoning order, affirming exemption in such circumstances. (!)
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
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