SATYA CHAUDHARY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner Smt. Satya Chaudhary has preferred the present revision petition against the order dated 9.1.2002 of the learned Additional Sessions Judge, Shimla in appeal affirming the order dated 26.5.2001 passed by the learned Judicial Magistrate 1st Class (IV), Shimla directing the release of vehicle No. H.P. -01 -0926 in favour of respondent No. 2 Inderjeet Singh Kaundal in exercise of the powers under Section 452, Code of Criminal Procedure.

(2.) Briefly stated, the facts giving rise to the present petition may be thus stated. One Shri Vijay Vishal son of the petitioner, is the registered owner of the vehicle H.R -01 -0926. The petitioner is also the general attorney of her said son Vijay Vishal. The registered owner vide agreement dated 23.9.1997 sold the said vehicle to respondent No. 2 for a total consideration of Rs. 1,10,997/ -. Out of such sale consideration, a sum of Rs. 44,000/ - was paid to and received by the registered owner Vijay Vishal. The balance sale consideration, as per the terms of the agreement, was to be paid by respondent No. 2 to the Canara Bank, The Mall, Shimla, by way of instalments towards the discharge of the loan taken by the registered owner from the said Bank. The possession of the vehicle was handed over by the registered owner to the respondent No. 2. It was stipulated in the agreement that in the event of failure of respondent No. 2 to pay the four successive instalments to the Bank, the registered owner would have the right to take back the vehicle from him and the amount already paid towards the sale consideration would stand forfeited. Since the respondent No. 2 failed to pay four successive instalments to the Bank, in terms of the agreement the petitioner acting as attorney for and on behalf of the registered owner took possession of the vehicle on 3.9.1998 from Naldehra where the said vehicle had been parked by the respondent No. 2.

(3.) On the basis of the report made by respondent No. 2, a case for the offence under Section 379, Indian Penal Code, came to be registered on 6.9.1998 at Police Station, Dhalli, vide F.I.R. No. 172 of 1998.