GOVINDBHAI TEJABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a Criminal Revision Application under Sec.397 of the Criminal Procedure Code, 1973, (for short `Cr.P.C.') filed by Revision-Opponent No.2 of Criminal Revision Application No.47/2000 which was pending on the file of the learned Sessions Judge, Panchmahals at Godhra, challenging legality, correctness and propriety of judgment Exh.14 dated 8th August, 2000, rendered by learned Sessions Judge, Godhra, in aforesaid Criminal Revision Application No.47/2000.

(2.) Here in this Criminal Revision Application, the revision petitioner is, as alleged by him, a bonafide purchaser (who will be referred to as purchaser) for value without notice, of Tractor No.GJ-17-T 1456 and Trolly No.GU-17-X 1489 attached to that Tractor (Both will be referred to as `the vehicles' for convenience). The revision opponent No.2 is a Credit Society carrying on business of financing, by lending money to the owners of different vehicles. That Credit Society will be referred to as the society for convenience while revision-opponent No.3 is, as per his case, an owner of said tractor and trolly (vehicles) and as per RTO record that two vehicles are registered in name of revision opponent No.3 and therefore his case is that he is an owner of said two vehicles and, therefore, parties will be referred to hereinafter as "purchaser", "society" and "the owner" respectively at appropriate places.

(3.) The facts leading to this present Criminal Revision Application in a nutshell are as follows: