MORESHWAR DINANATH SAWE Vs. ZUBALDABI

JUDGEMENT

(1.) This Revision Application is directed against the order dated 4th December, 1978, passed by the learned Additional Sessions Judge, Aurangabad, in Criminal Revision No. 92 of 1978 which was preferred before him by the present respondent No. 1, Zubaidabi, challenging the order dated 1st December, 1978, passed by the Chief Judicial Magistrate, Aurangabad, on an application dated 13th October, 1978 field before him by the aforesaid Zubaidabi, for return to her of motor vehicle bearing No. CPE 8890, which I am informed is a mini luxury bus.

(2.) The Brief facts of the case are as follows :--- espondent No. 1 herein, Zubaidabi, is the owner of the aforesaid motor vehicle. She purchased the chasis thereof for an amount of Rs. 1 lac sometime in the month of February 1978. After the said purchase, the chasis was converted into a regular tourist bus by incurring considerable expenditure in that behalf. The said bus was accordingly registered in the name of Zubaidabi at Indore where she was residing. The road permit in respect of the said bus also stood in her name. She had also obtained a loan of Rs. 45000/- from State Bank of India at Indore, in consideration of which loan the bus was hypothecated with the said Bank. From 1st June, 1978 till 21st September, 1978, the said bus was being run at Aurangabad by the petitioner herein, Moreshwar Dinanath Sawe, who will hereafter be referred to as the complainant. Zubaidabi will hereafter be referred to as the owner. The complainant was carrying on business of motor transport and has also been running tourist buses at Aurangabad.

(3.) The case of the complainant has been that on 22nd September, 1978, on Haji Hanif, Gulam Nabi and Sharma, under certain mis-representations and on cheating the complainants cleaner, one Bhagwan, took the bus to Indore via Kannad and Chalisgaon. The complainant thereupon lodged his complaint with the City Chowk Police Station at Aurangabad on 24th September, 1978, alleging therein that the cleaner, Bhagwan, was mis-represented and cheated by the aforesaid three person. The nature of the said mis-representation and cheating would not be very relevant, so far as the present proceedings are concerned, and are not, therefore, referred to in any detail. Suffice, however, to state that the case of the complainant was that the owners son, Haji Hanif, had orally agreed to sell the bus in question to the complainant for a consideration of Rs. 1,33,250/- out of which the complainant had paid Rs. 18,250/- to the owner. This oral agreement is alleged to have taken place on 13th May, 1978 at Aurangabad. Inspite of the aforesaid transactions, the above referred to 3 persons mis-represented and cheated the cleaner, Bhagwan, (in the employment of the complainant) and took away the bus in question to Indore from the lawful custody of the complainant.