NAGENDER SINGH Vs. JAGJEEVAN SINGH

JUDGEMENT

(1.) NAGENDER Singh has filed this criminal revision challenging the order of the learned Judicial Magistrate Ist Class, dated July, 31, 2000 whereby the tractor in question was released on Sapurdari to its registered owner Avtar Singh on furnishing bond in the sum of Rs. two lacs with one surety in the like (amount) and also on furnishing an indemnity bond in the sum of Rs. 1,35,000/- for the safe custody and maintenance of the tractor.

(2.) THE sole argument of the petitioner is that Avtar Singh is not the registered owner of the tractor. As a matter of fact the petitioner was Avtar Singh's sister's husband while Jagjivan Singh respondent 1 was Avtar Singh's son. Due to closs relationship and blind faith the tractor had been borrowed by the accused-respondents but in connivance with each other and on the basis of forged document the respondents got the tractor transferred. On the complaint of the petitioner, FIR No. 93 dated May 30, 2000 was registered at Police Station Bhuna under Sections 419, 420, 467, 471 and 120 IPC.

(3.) THE order of the learned Judicial Magistrate must necessarily be set aside because the tractor had been directed to be released to Avtar Singh, who was not even the transferee. Secondly, the transfer of ownership to Jagjivan Singh by the complainant is the subject matter of investigation and a case has been registered against Jagjivan Singh and Avtar Singh under various Sections of the Indian Penal Code in respect of this transaction. Therefore, courts must assume that the complainant had not transferred the tractor in favour of Jagjivan Singh and on the basis of this assumption the complainant must be held to be not only the original owner of the tractor but continuing to remain its owner until a decision his given by the trial in this regard.