BALA KRISHANA MENON Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner is aggrieved against the orders dated December 1, 1997 and July 31, 1998 passed by the learned Chief Judicial Magistrate, Faridabad and order dated November 17, 1998 passed by the learned Additional Sessions Judge, Faridabad. The aforesaid orders have been appended as Annexures P-1, P-2 and P-3, respectively, with the petition.

(2.) AN FIR No. 563 dated May 16, 1997 was registered against the petitioner under Sections 420/467/468/471 of the Indian Penal Code. He was arrested. While he was in custody then an Esteem car bearing No. DL-9C-1553, which was also taken possession of by the police from him, was ordered to be released to City Bank - respondent No. 2. In fact the aforesaid bank made a request for superdari to the learned trial Magistrate on the ground that the bank was the financier of the car and since the instalments had not been paid by the owner R.K. Menon (the present petitioner), therefore, the right to re-possess the car had accrued to the financier. On the basis of the aforesaid fact, the aforesaid car was ordered to be released to the said bank.

(3.) THE learned trial Court vide order dated July 31, 1998 found that the car in question was in fact financed by the aforesaid bank and, therefore, since there was a default committed by the present petitioner, who was merely a hirer and had not paid the instalments, therefore, a right had accrued to the bank to re-possess the car. Accordingly, the aforesaid request made by the petitioner was disposed of with a liberty to the petitioner to make all the payments as per terms and conditions of the finance agreement, to the bank and on the aforesaid payment, the petitioner was to get the car from the bank.