GURJEET SINGH MANN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) On being financed by respondent No. 2, applicant purchased one Tata Specio vehicle from National Garage, Bilaspur, and agreed to repay the loan to respondent No. 2 through post dated cheques. Later on it was found that National Garage, Bilaspur, cheated him by giving second hand vehicle in place of new one. Therefore, he made a request to respondent No. 2 for taking action against National Garage, Bilaspur, but no action has been taken by respondent No. 2, hence applicant himself lodged a report. On his report crime No. 186/2002 for commission of offence under Sections 420, 467 and 468 read with Section 34 of the IPC was registered against Ravi Kumar Budhiya and four others. Investigating the said crime police seized vehicle from the applicant Gurjeet Singh Mann bearing No. CG-15/6008. For taking back the vehicle on Supurdnama, applicant approached the Court of Chief Judicial Magistrate, Ambikapur and the Court after due hearing directed that the vehicle be released on various conditions and out of those conditions one condition was that the applicant shall deposit the instalments with respondent No. 2, as per agreement. The said condition had been challenged in revision, but the Revisional Court vide order dated 6-4-2004 passed in Criminal Revision No. 249/2003, disallowed the revision and maintained the order passed by the Court of Chief Judicial Magistrate. Being aggrieved by that order, applicant has filed this petition under Section 482 of the Cr.PC for quashing the condition imposed by Chief Judicial Magistrate, Ambikapur, regarding repayment of loan in instalments to respondent No. 2.

(3.) Sections 451 and 457 of the Cr.PC read as below :-