RATISH RAI Vs. MOHESH SINGH

JUDGEMENT

(1.) Heard learned counsel Mr. J.K. Barua on behalf of the accused-petitioner and learned counsel Mr. S.N. Medhi for the opposite party.

(2.) The opposite party submitted a complaint petition before the Addl. Deputy Commissioner, Tuensang against the present petitioner Ratish Rai to the effect that both the complainant and the accused jointly purchased from the Army at Gauhati a truck (Nissan) at a cost of Rs. 23,000/- and that the truck was repaired at Jorhat at a cost of Rs. 7090/-and that the complainant paid half of the money involved in purchasing the truck and in repairing it. The vehicle was registered in the name of Raju Rai, son of the accused and was numbered NLI-524. It is alleged that the accused Ratish Rai executed a deed/agreement in presence of respectable persons at Tuensang on 9-7-82 to the effect that both the complainant and the accused formed a partnership in the vehicle. On 1-9-82 as the complainant approached the accused and wanted to know about the profit and loss of the truck, the accused flatly denied the complainant having anything to do with the vehicle. It is also alleged that on 1-9-82 in presence of respectable witnesses the accused denied having executed any document of partnership. The complaint had been lodged against the accused person for having cheated the complainant and having committed criminal breach of trust with respect to the vehicle. The relief sought by the complainant is "to take suitable action to transfer the vehicle in my name on payment of his share as agreed upon".

(3.) The learned ADC on perusal of the petition took cognizance of the offences under Ss.406 and 420 IPC and issued summons to the accused fixing 14-10-82 as the next date. Thereafter, the complainant on 22-9-82 submitted a petition supported by an affidavit to the learned ADC praying for attachment before Judgment of the vehicle concerned. Thereon the learned ADC got satisfied and issued non-bailable warrant of arrest against the accused and order of attachment of the vehicle on 22-9-82. The accused surrendered before the court on 22-9-82 and he was enlarged on bail of Rs. 30,000/-. This order was conditional upon production of the vehicle by the accused before the Police for attachment within 20 days. This revision petition has been filed for quashing of the proceeding.