NATIONAL SMALL INDUSTRIES CORP.LTD. vs STATE (NCT OF DELHI) & ORS.

The Supreme Court addressed the applicability of the exemption under clause (a) of the proviso to Section 200 of the Code of Criminal Procedure in cases where a complaint for dishonour of a cheque is filed by a government company represented by a public servant. The Court held that the exemption is not available to a government company as it is not a public servant under Section 21 of the IPC, thus mandating the examination of the complainant and witnesses under Section 200. The High Court's order quashing the summoning order was upheld, emphasizing the necessity of following the prescribed procedure in Section 200 Cr.PC.