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TMI Blog2010 (8) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... . Parihar, H.S. Parihar, Hemantika Wahi, Rajiv Shankar Dvivedi and H.A. Raichura, Advs. ORDER 1. We have heard learned Counsel for the appellant which is the Reserve Bank of India in this case. 2. The appellant is aggrieved by the order dated 20th of December, 2002 whereby a direction has been issued by the learned Single Judge in an application for bail under Section 439 of the Code of Crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring for the depositors rightly made a grievance that so far poor depositors are not paid by the bank out of the amount, which has been received by the bank. If it is so, then it is most unfortunate Mr. Munshaw tried to explain that the said amount is used by paying salary etc. of the bank employees. This amount should not have been used by the bank authorities for any other purpose except distri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... than Rs. 10,000/- at the first instance. On the next date of hearing, all the accused as well as I.O. And Administrator of the bank shall personally remain present at 2:15 P.M. before this Court. 4. The Reserve Bank of India has challenged the operative portion of this order as being beyond the scope of an application under Section 439 of the Code of Criminal Procedure and as it infringes on seve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vant to the matter before it. It was thus not open to the High Court to pass orders which could affect the working of Banks all over the country. It has been pointed out by Mr. Basava Prabhu S. Patil, the learned senior counsel for the appellant that it is for this reason that the Reserve Bank of India had filed this appeal. We, accordingly, allow this appeal and set aside the orders dated 20th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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