Supreme Court of India

National Small Industries Corporation Ltd. v. State (nct of Delhi) & Ors.

Neutral citation

Reported as [2008] 16 S.C.R. 83

Bench R.V. Raveendran and Dalveer Bhandari JJ.

Decided 17 November 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

Resultantly, when in a complaint in regard to dishonour ' D of a cheque issued in. favour of a company or corporation, for the purpose of section 142 NI Act, the company will be the complainant, and for purposes of section 200 of the Code, its • employee who represents the company or corporation, will be .. the de facto complainant.

Judgment, page 16

From the 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 company (an incorporeal body) is the payee, becomes de jure complainant and the employee representing it becomes a 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 Servant' -

Authorities it was built on

1997 Associated Cement Company Ltd. v. Keshvanand cited by 6

Where later benches applied it

2022 M/s Trl Krosaki Refractories Ltd v. M/s Sms Asia Private Limited & Anr. relied on
2021 Dayle De’souza v. Government of India through Deputy Chief Labour Commissioner (c) and Another relied on
2025 M/s Naresh Potteries v. M/s Aarti Industries and Another referred to

Of those, 2 relied on · 1 referred to

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