NATIONAL SMALL INDUSTRIES CORPORATION LTD Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) 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

(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 learned Magistrate took cognizance and summoned the accused. He did not examine the complainant and its witnesses, under section 200 of the Code. He recorded the following reasons in that behalf: "Complaint has been filed by a public servant in discharge of his public duties. Hence his examination is dispensed with. I have perused die record and considered the submission. 1 have also perused the original documents also. I consider that prima facie case under sections 138/142 of Negotiable Instruments Act is made out."