ASHOK LEYLAND FINANCE LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has challenged the legality of the order dated 18.8.2001 passed by the Additional Sessions Judge, Sonepat whereby order dated 27.7.2000 passed by the Chief Judicial Magistrate, Sonepat directing the release of the vehicle on Spurdari to respondent No. 2 was affirmed.

(2.) A few facts need to be noticed in order to decide the controversy raised in the present petition. Raj Kumar (respondent No. 2 herein) had entered into hire purchase agreement dated 2.1.1996 with the petitioner in order to avail facility of finance to the extent of Rs. 2 lacs for the purchase of Mahindra and Mahindra Jeep bearing registration No. HR-10B-6819. On 24.5.2000, the said jeep was challaned and impounded by the Transport Officer, camp Sonepat. The petitioner applied for the release of the said vehicle to the Court of the Chief Judicial Magistrate, Sonepat. Vide order dated 27.7.2000, the Chief Judicial Magistrate, Sonepat directed the release of the vehicle to the registered owner that is respondent No. 2. Aggrieved by that order the petitioner filed Criminal Misc. Appeal No. 24 of 2000 dated 27.8.2000. The same was dismissed vide order dated 18.8.2001 by the Additional Sessions Judge, Sonepat. It is these orders which have been challenged in the present petition.

(3.) IT has been contended by the counsel for the petitioner that in terms of agreement dated 2.1.1996, the petitioner continues to be the owner of the vehicle in question and as respondent No. 2 has committed default in the payment of instalments and has not paid the entire instalments of the hire purchase money, therefore, he has violated the terms of the hire purchase agreement dated 2.1.1996 and for that reason the petitioner has a right to get the possession of the vehicle in question and get the released in favour of the petitioner from the Court of the Chief Judicial Magistrate, Sonepat in favour of the petitioner being the financier and owner of the vehicle. In support of the stand taken reliance was placed on M/s Shriram Transport Finance Co. Ltd. v. Shri R. Kaishiulla Khan and others, 1993(2) RCR(Criminal) 175 (Karnataka) (DB) : 1993 Cr. L.J. 1069, Manipal Finance Corpn. Ltd. v. T. Bangarappa and another, 1994 Supp. (1) S.C.C. 507 and Charanjit Singh Chadha v. Sudhir Mehra, 2001(4) RCR(riminal) 192 (SC) : 2002(1) Civil and Rent Judicial Reports 426.