Supreme Court · 1997 INSC 819 · Decided 16 December 1997
Associated Cement Company LTD. v. Keshvanand
- Court
- Supreme Court of India
- Citation
- 1997 INSC 819 · [1997] SUPP. 6 S.C.R. 500
- Case number
- CRIMINAL APPEAL No. 1239/1997
- Decided
- 16 December 1997
- Bench
- M.K. MUKHERJEE, K.T. THOMAS (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 11; CrPC Section 2, 247, 259; NI Act
Headnote
Criminal Procedure Code, 1973 : Section 2(yKomplainant-Meaning of-Not defined in the C Code-However, words and expressions defined in Pe11al Code can be used for the purposes of the Code-Penal Code defines "perso11s" to include a company-So a company can be a complainant as per the new the complainant on oath mandatorily before taking cog­ nizance-Magistrate to dismiss the complaint only after considering the 'state­ ments 011 oath-However, the examination of complainant can be dispensed with only when a public servant in exercise of his public duties files a
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