TARACHAND BOTHRA Vs. MD BAREK ALI

JUDGEMENT

(1.) This criminal revision petition is so filed under section 482 of Cr.P.C. against the order dated 18.1.94 passed by the learned Chief Judicial Magistrate, Morigaon in Case No. 20/94 by virtue of which the learned Chief Judicial Magistrate after examining the complainant/O.P. Md. Barek Ali on S.A. took cognizance of the offence under sections 379/403 of the I.P.C. against the accused/petitioner and issued summons to the accused.

(2.) Heard Mr. Sahewalla, learned counsel for the petitioner Tarachand Bothra and Mr. N. Dhar, learned counsel for the complainant/O.P.

(3.) The fact of the case in short, giving rise to this Criminal revision petition so preferred under section 482 of the Cr.P.C. is that the complainant figuring here as O.P. filed a complaint case before the learned Chief Judicial Magistrate, Morigaon starting therein that the complainant had purchased a Truck bearing registration No. AXA 91996 of Model 1988 being financed by M/S Bothra Motor Finance Ltd.. of which Tarachand Bothra, the petitioner is one of the Directors-concern being a public limited company incorporated under the company Act engaged in the business of hire purchase of Motor vehicle etc. The further case of the complainant was that the monthly instalment for the repayment of loan amount was so paid by the complainant/ O.P. yet the accused/petitioner seized the Truck forcibly at Jagiroad on 25.12.93 which even after request could not be released. According to the complainant/O.P. the seizure of the Truck by the said Bothra Brothers Finance Ltd. was abritrary and illegal. It was also the case of the complainant/OP. that the owner book of the Truck in question was in the name of the complainant and thus after the payment of the loan amount the complainant was the absolute owner of the Truck in question and any sort of interference by the financer was not fit all justified. At the foot of the complaint petition the description of the vehicle is given by indicating Chessis No. Engine No. etc. Against the order of the learned Chief Judicial Magistrate dated 18.1.94 taking cognizance under section 379/403 of the I.P.C., the accused/petitioner being aggrieved, thus preferred this revision petition.