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2013 Supreme(Kar) 57

K.BHAKTHAVATSALA
Kaveri Marketing, Proprietrix R. Hemalatha, Bangalore – Appellant
Versus
Saraswathi Co-op. Bank Ltd, Rep, by Manager, Bangalore – Respondent


Advocates Appeared:
For the Petitioner:C.S. Kumar, Advocate.

Judgment :-

1. Petitioner, who is respondent No.1 in Criminal Misc. No.5936/2012 on the file of III Addl. Chief Metropolitan Magistrate at Bangalore, is before this court under Section 397 r/w Section 401 of the Code of Criminal Procedure, challenging the order dated 21.11.2012 made in the above-said case viz., Crl. Misc.5936/2012.

2. I have perused the file.

3. Registry has raised an objection as to maintainability of the Revision Petition. Case is posted for orders on Office objections i.e., as to maintainability of the Revision Petition.

4. Learned Counsel for the revision Petitioner submits that in view of the order dated 3.5.2011 passed in Crl.RP No.525/2011 by this Court, Office objection is not maintainable. He further submits that since the trial Court has passed an order on a petition filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, ‘the Securitisation Act’) and under sub-Section (3) of Section 14 of the Securitisation Act, no Act of the Chief Metropolitan Magistrate or the District Magistrate can be questioned, Revision Petition filed under Section 397 of Cr.PC before this Court


















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