VIJAY VISHAL Vs. INDER SINGH KAUNDAL

JUDGEMENT

(1.) In this petition the petitioner has invoked the powers of this Court under Section 482, Code of Criminal Procedure, and under Article 227 of the Constitution of India to assail the order dated 1-12-1998 passed by Sessions Judge, Shimla, whereby the Criminal Revision of respondent No. 1 was allowed and the order dated 17-9-1998 of Judicial Magistrate, 1st Class (2), Shimla, was set aside and the vehicle bearing No. HP-01-0926 was ordered to be delivered to him. The Judicial Magistrate, Ist Class by his order dated 17-9-1998 had released the said vehicle in favour of the petitioner under conditions given in the order.

(2.) It is not in dispute that the petitioner is the registered owner of the vehicle No. HP-01-0926 and he had sold it to respondent No. 1 for a consideration of Rs. 1,10,997.00 vide agreement dated 29-3-1997. An amount of Rs. 44,000.00 was paid to the petitioner and balance amount of Rs. 66,997.00 was to be paid to the Canara Bank, The Mall, Shimla in the loan account of the petitioner by way of instalment of the loan as already fixed by the Bank. The possession of the vehicle was handed over to respondent No. 1 and he got a right to ply the said vehicle in lawful manner. However, the parties agreed that if respondent No. 1 failed to pay the instalment of loan to the bank regularly and in case of continuous default of any four instalments the petitioner would have a right to take back the vehicle and the amount already paid would be forfeited. It is not in dispute that the monthly instalment of loan was of Rs. 3,500.00.

(3.) The case of the petitioner is that respondent No. 1 committed default in making payment of four instalments for the months of April, May, June and July, 1998 and he took over possession of the vehicle on 3-9-1998.