GURMEZ SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under S.482, Cr. P.C. has been preferred by Gurmez Singh, therein seeking to quash the orders dt. 28-11-1987 and 6-1-1988 passed by Judicial Magistrate, Pilibhit and 4th Addl. Sessions Judge, Pilibhit respectively disallowing the prayer to release the Truck U.P.I. 4821 in favour of applicant Gurmez Singh.

(2.) It is the admitted position in the instant case that the Truck No. U.P.I. 4821, was given to Gurmez Singh applicant on 2-3-1985 on hire-purchase basis-financed by National Finance Company, Civil lines, Station Road, Pilibhit and an agreement was executed between the parties on 2-3-1985, stipulating therein that the applicant Gurmez Singh shall continue to pay regularly 36 monthly instalments each instalment consisting of Rs. 3550/- to the aforesaid Company.

(3.) In order to perceive as to what had been agreed between the parties in the aforesaid agreement, I would like to place certain significant terms as below. In para 4 of the aforesaid agreement, it was given out that without prejudice to the other rights of the owners under this agreement, the owner may terminate, with or without notice, the hiring of the Motor Vehicle, and forthwith retake and recover possession of the same (a) If any monthly hire, or a part thereof or any other dues, as per terms and conditions of this agreement are in arrears and remain unpaid for a period of seven days after the due date due for the payments for any reason whatsoever. In para 5 of the aforesaid agreement it is stipulated that in the event of the hiring being terminated by the owners on account of breach of any terms and conditions as from 4(a) to 4(i) above and the hirer is called upon to restore possession of the Motor vehicle to the owners, and the hirer fails to give possession of the Motor Vehicle or creates any opposition to its repossession, and thus keeps the Motor vehicle in adverse possession, he shall be liable both, criminally and civilly and pay double the amount of average monthly hire stipulated in this agreement for the period he remains in adverse possession of the Motor vehicle, after the termination of the hiring without any prejudice to the owner's right of repossession.