HUSAIN AMIBHAI QURESHI Vs. NYAJ MOHMED BADANKHA BABI

JUDGEMENT

(1.) This revision application by the original complainant is directed against an order regarding disposal of the muddamal truck. It is directed to be handed over by the Sessions Court to the original accused who has been acquitted.

(2.) In the memo of revision application it has been pointed out that the trial Court had directed the custody of the truck to be given to the petitioner-complainant sod was actually given to the petitioner complainant on furnishing a bond. It is also pointed out in para 4 of the memo of revision that on 12-3-1981 the truck was involved in a fire and was burnt to ashes. However this fact was not pointed out to the lower appellate Court namely the Sessions Court at Mehsana. It is not shown whether there is any insurance claimed and whether there is any payment by the insurance company. In any case the petitioner has given a bond while taking the custody of the truck and that bond would now remain the subject matter for the purpose of this revision application.

(3.) It is an admitted position that the petitioner-complainant had agreed to sell the truck to the accused on 8-3-1979. It was agreed to be sold for a sum of Rs. 50 0 a sum of Rs. 4500/-was paid and the possession of the truck was handed over to the accused. It was the say of the petitioner that the balance amount was to be paid within a month and as that amount was not paid the petitioner- complainant felt cheated and he filed a complaint for cheating and criminal breach of trust. During the course of the investigation the truck was attached and seized. By an order dated 30-10-1979 the learned trial Magistrate Visnagar directed the police to hand over the truck to the petitioner-complainant on executions a bond. Thereafter the opponent-accused was tried and was acquitted on the ground that the dispute was of a civil nature. The learned trial Magistrate also held that the opponent-accused had not become the owner of the truck and therefore he Was not entitled to possession of the truck and he passed an order for retaining possession of muddamal truck with the petitioner The accused preferred criminal Appeal No. 22 of 1981 in Sessions Courts Mehsana and the same was allowed and the truck was directed to he handed over to the accused.