State Bank of India v. Sate of NCT of Delhi

,/ p 1+n o/o. 04. 1O.2010 Present: Mr. Udayan Jain, Adv. for the petitioner. Mr. U.L. Watwani, APP for the State. JCrl. M.A. 16011 ^nlo Allowed, subject to all just exceptions. Application stands disposed of. Crl. M.C. 319O/2O1O By this petition under Section 482 Cr.P.C petitioner seeks to challenge the orders dated lst February, 2O1O and 24l*' May, 2O1O passed by Metropolitan Magistrate, Delhi whereby complaint has been dismissed on the ground that the same had not been filed through a Power of Attorney holder. It was contended before the Metropolitan Magistrate that in view of the General Regulation nos. 76 and 77 framed by the Reserve Bank of India in exercise of power conferred under Section 50(3) of State Bank of India Act, 1955 coupled with gazette notification dated 271e March, t987 Branch Managers have been authorized to initiate and prosecute the complaint, thus, there was no requirement to present the complaint through a Power of Attorney holder. Counsel for the petitioner subrnits that he would prefer a revision petition before the Sessions Judge, against the order of the I t Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. 2-Metropolitan Magistrate, in view of Section 397 Cr.P.C., which remedy is available to the petitioner. He seeks leave to withdraw this petition with liberty to approach the Sessions Judge. Leave and liberty granted. Petition is dismissed as withdrawn. It is.pointed out that revision has become time barred. Petition may file an appropriate application seeking condonation of delay in filing the revision petition and in case any such application is filed, the same shatl be considered by the concerned court sympathetically. Dasti. W

A.K. PATHAK, J. October O4r 2OtO ga I