Supreme Court · 2008 INSC 1308 · Decided 17 November 2008

National Small Industries Corporation LTD. v. State (Nct of Delhi) & ORS.

Court
Supreme Court of India
Citation
2008 INSC 1308 · [2008] 16 S.C.R. 83
Case number
CRIMINAL APPEAL No. 1802/2008
Decided
17 November 2008
Bench
R.V. RAVEENDRAN, DALVEER BHANDARI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 200; NI Act Section 138, 142

Headnote

Code of Criminal Procedure, 1973 - s. 200 Proviso, Clause (a) - Exemption under - Applicability of - In respect c of complaint for dishonour of cheque by Government Company through its officer who is a public servant - Held: In a case of dishonour of cheque where a body) is the payee, becomes de jure complainant and the employee representing it becomes a D de facto complainant - If the employee-representative is a public servant, exemption under the provision is applicable - Negotiable Instruments Act, 1881 - ss. 138 and 142. Words and Phrases - 'Public

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