DEVABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the order dated 06.07.2019 passed by the learned 4th Additional Sessions Judge, Bhuj-Kachchh in Criminal Revision Application No.9 of 2019 and to issue direction for the release of the truck bearing registration No. GJ-12-Y-8333.

(2.) The facts in brief are that on 21.06.2018 the petitioner herein had purchased a truck bearing registration No. GJ-12-Y- 8333 from Magma Fincorp Ltd., Gandhidham for a total consideration of Rs.5,33,000/-. It appears that on the same day the petitioner had paid an amount of Rs.4,93,000/- to the dealer and another Rs.40,000/- to one of the partners of the dealer company. Pursuant thereto, the possession of the truck in question along with necessary documents were handed over to the petitioner.

(3.) Mr. Darshan Varandani, learned advocate for the petitioner, submitted that all the original documents with respect to the vehicle in question are in the name of the petitioner and the possession of the said vehicle is also with the petitioner. It was submitted that respondent no.2, original complainant, had sold the vehicle in question to one Sodha Dipaksinh Pratapsinh on 27.02.2017 for a total consideration of Rs.13,25,000/- and that respondent no.2 and said Sodha Dipaksinh Pratapsinh had drawn certain terms regarding the mode and method of payment of the amount of sale consideration. It appears that the erstwhile purchaser - Sodha Dipaksinh Pratapsinh has not paid Rs.2,86,000/- to the original complainant. It was contended on behalf of the petitioner that if at all any amount towards the sale consideration of the vehicle in question has remained outstanding, then the same has to be recovered from the erstwhile purchaser - Sotta Dipaksinh Pratapsinh and not from the petitioner and for that purpose, the original complainant shall have to initiate appropriate civil proceedings before the competent civil Court. It was, therefore, prayed that both the Courts below have erred in not releasing the vehicle in question in favour of the petitioner.