QUALITY MACHINE TOOLS Vs. MOHINDER PAL SINGH AHLUWALIA

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure challenging the order of the learned Judicial Magistrate, First Class, Pune, made under Section 451 read with Section 457 of the Code, directing that pending decision of the Criminal Case the seized car be made over to the custody of the accused-respondent No. 1 on his executing a bond of Rs. 50,000/- with one surety in the like amount.

(2.) The petitioners, M/s. Quality Machine Tools, Bombay, deal in machines and have a branch office at Pune also. The respondent No. 1 Mohinder Pal Singh Ahluwalia (for short, the respondent) was managing this branch on behalf of the petitioners at Pune. On 9-1-1980 the petitioners purchased the car in question for Rs. 49,562/- and placed it at the disposal of the Pune Office for their use. On 8-2-1983 the respondent got this car transferred in his own name by making an application to the Regional Transport Officer, Pune. On 26-2-1983 the petitioners lodged F.I.R. with the Pune Police under Section 409, Indian Penal Code, alleging that the respondent had committed criminal breach of trust in respect of the car, by dishonestly getting it transferred in his own name, although it was placed in his charge by the petitioners for office use only.

(3.) The Pune Police seized the car during investigation. Both parties thereupon approached the learned Magistrate for custody of the car. It is stated at the Bar that the police have not yet filed charge-sheet before the Magistrate. After hearing Advocates of both sides, by a speaking order dated 9-3-1983, the learned Magistrate directed the handing over of the car to the respondent on his executing a bond of Rs. 50,000/- with one surety in the like amount.