MAHINDRA, MAHINDRA FINANCE SERVICE LTD. Vs. SURESH KUMAR

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is directed against the orders of the learned Sessions Judge, Bilaspur, dated 4th August, 2003, whereby he directed the release of the vehicle to respondent Suresh Kumar, the registered owner, in preference to the financier of the vehicle, by setting aside the order of Additional Chief Judicial Magistrate, Ghumarwin, who by his orders dated 18th February, 2004 had released the vehicle to the financier under hire-purchase agreement.

(2.) It appears, a Mahindra Bolero Jeep No. HP-28-2305 was seized by the police on 7th January, 2003 in a case registered with Police Station, Ghumarwin, for offences under Sections 392, 307, 147, 149 and 323 of the Indian Penal Code. An application was moved by respondent, Suresh Kumar, for the realese of the vehicle being its registered owner before the Additional Chief Judicial Magistrate, Ghumarwin. The petitioner, who was the financier of the vehicle purchased by Suresh Kumar under hire-purchase agreement, also moved an application claiming custody of the vehicle on the grounds that Suresh Kumar defaulted in the payment of the instalments of the hire charges and interest and an amount of Rs. 6,11,839/- was due from him, therefore under the hire-purchase agreement, the financier was entitled to the custody of the vehicle.

(3.) Learned Additional Judicial Magistrate directed the release of the vehicle to the finance company on furnishing security amount of Rs. seven lacs. Respondent Suresh Kumar dissatisfied approached the learned Sessions Judge who by his impugned orders directed the release of the vehicle to respondent-Suresh Kumar on the ground that he being the registered owner of the vehicle was entitled to the custody of the vehicle in preference to the finance company.