MANMEET SINGH Vs. AJAIB SINGH AND OTHERS

JUDGEMENT

(1.) Present criminal revision has been filed under Section 401 of the Code of Criminal Procedure for setting aside the order dated 01.11.2007 passed by the learned Judicial Magistrate 1 st Class, Jalandhar, whereby respondent nos. 1 and 2 have been acquitted from the charge leveled against them.

(2.) Brief facts of the prosecution case are that a complaint was filed by the petitioner against the accused Jagir Singh, Ajaib Singh and Raj Kishan alleging that the petitioner-complainant was a partner in M/s Preet Hire Purchase and Leasing Corporation . The said firm hire purchased a Truck leasing registration No. DL1G2688 for agreed amount of Rs.1,04,200/- for two years installments on 15.03.2000 and the agreement was executed at the office of the complainant. Jagir Singh son of Waria Singh and Ajaib Singh son of Surjan Singh was hirer and Raj Kishan son of Shankar Dass was guarantor. Jagir Singh committed default in payment of monthly installments of hire money. As per the agreement, Jagir Singh was not authorised to sell the hypothecated vehicle and cannot be installed on other registration book of higher model on his vehicle without liquidating hire money and before getting clearance certificate. On the basis of complaint, FIR No.246 dated 17.12.2000, under Sections 406/420 of the Indian Penal Code, at Police Station Division No.4, Jalandhar was registered. After completion of investigation, challan was presented against the accused in Court. During the proceedings, accused Jagir Singh died and proceedings against him were dropped. Finding a prima facie case, charge was framed against respondent nos.1 and 2 to which they pleaded not guilty and claimed trial.

(3.) The prosecution, in order to prove its case, examined PW1 Manvir Singh and thereafter, closed its evidence.