HEERA SINGH Vs. LEELA VERMA

JUDGEMENT

(1.) By virtue of the present petition preferred under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner has approached this Court for the quashing of the orders dated 14.12.1993 of the learned Judicial Magistrate 1st Class (2), Paonta Sahib, whereby truck No. HP -09 -0761 seized by the police in case F.I.R. No. 285/93 dated 22.8.1993 of Police Station Paonta, was ordered to be released on sapurdari Respondent No. 1 through her husband and attorney -Respondent No. 2.

(2.) Respondent No. 1, Smt. Leela Verma,.is the registered owner of truck bearing registration No. HP -09 -761, having purchased the same under a hire -purchase agreement by obtaining a loan from State Bank of India, Matiyana. On 28.10.1991, she entered into an agreement to sell the said truck to one Tulsi Ram, the brother -in -law of Respondent No. 1. In terms of the agreement, the said Tulsi Ram was to pay/deposit a sum of Rs. 10,000 per month to/ with the State Bank of India. The possession of the truck though was delivered to Tulsi Ram, it was agreed that the same would be transferred on his name only when the entire loan amount stood liquidated by him. It appears that Respondent No. 2 on 8.9.1992, took possession of the truck when it was parked near a crusher. A report was made to the police at Theog by the said Tulsi Ram, on the basis of which a case came to be registered vide FIR No. 249/ 92, dated 21.9.1992. The truck came to be seized by the police

(3.) During the investigation of the said case, a compromise was arrived at between the parties on 24.9.1992. Under the compromise, petitioner paid a sum of Rs. 1,05,000 to Respondent No. 1 and agreed to pay Rs. 10,000 per month to the Bank towards the repayment of loan. The truck was transferred to the petitioner, who started plying the same as absolute owner thereof.