PER JUSTICE J.M. MALIK 1. Counsel for the petitioners present. Arguments heard. The complainant Sh. V. Sriraman issued a cheque in the sum of Rs. 48,000/-. However, the said cheque was dishonoured when it was presented by Smt. G. Deepa, the Sister-in-Law of the Petitioner No.1. She was informed that the cheque would be honoured only for Rs. 15,000/- as per circular DBOD. NO. COM.Bc.28/C.408(A)-81 dated February 23, 1981. This letter was received by smt. G. Deepa in respect of application filed under the Right to Information Act 2005. The letter specifically mentions:- “In this connection we advise that vide our circular DBOD. NO. COM.Bc.28/C.408(A)-81 dated February 23, 1981 (Copy enclosed), we have instructed the banks that they may consider fixing suitable ceiling beyond which no cash withdrawal should ordinarily be allowed unless the account holder himself is personally present to withdraw the money. As regards cash withdrawal limit on self withdrawal. We have not issued any guidelines.” 2. Counsel for the petitioners submits that it is the discretion of the Bank which is not mandatory. Para Nol. 5 of the judgment of the State Commission runs as follows:- “5. According to the opposite parties, the 3rd party cheques were returned by the opposite parties as it exceeded the limit of Rs. 15,000/- prescribed by the opposite parties on the basis of a Circular issued by the Reserve Bank of India and the Circular clearly states that no cash withdrawal should be allowed unless the account holder himself has personally presented the cheque to withdraw the money. The 2nd complainant has challenged the above said Circular of RBI before the Hon’ble Madras High Court to declare that the Circular is illegal and unconstitutional and opposed to the Negotiable Instruments Act.” 3. Counsel for the petitioners submits that the said circular has been challenged before the Madras High Court and there is likelihood that the said circular will be quashed. 4. We are of the considered view that until or unless the circular is quashed, no deficiency can be attributed to the Bank. The Bank is acting in accordance with the circular issued by the Reserve Bank of India. It is well settled that the Apex Court as well as High Courts normally do not pick up a conflict with the circulars issued by RBI. Consequently, the Revision Petition is not maintainable and therefore, the same is dismissed. | 
