RAMBHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has filed under Section 482 of the Code of Criminal Procedure for release of the truck No. BPO 5925 which has been seized in connection with Bermo PS Case No. 141/1997 which was registered under Sections 406, 420 and 120B of the Indian Penal Code, 1860.

(2.) The short facts giving rise to this application that the Informant along with his partner/petitioner (Rambha Devi) had purchased truck No. BPO 5925 for the total value of Rs. 2,70,000.00 out of which the Informant paid a sum of Rs. 2,04,000.00 and the rest amount was paid by the petitioner Rambha Devi on 19.11.1996 and the truck started plying under the care of the husband of the petitioner and the informant. It is further alleged in the FIR that on 20.11.1996 the petitioner and her husband came at the residence of the informant and decided that the vehicle will henceforth ply at Bokaro and they would give Rs. 2,04,000.00 in 18 monthly instalments and for which an agreement was also entered. It is also alleged that the petitioner and her husband submitted 18 cheques to the informant which has been presented win the Bank but the same was dishonoured. It is also alleged that the vehicle in question was registered in the joint name of the informant and the petitioner.

(3.) A counter-affidavit on behalf of the Opposite Party No. 2 has also been filed claiming therein that the informant had already paid a sum of Rs. 2,04,000.00 out of total amount of Rs. 2,70,000.00 and the petitioner Rambha Devi had sold her in share in the truck on 28.12.1996 for a consideration of Rs. 1,75,000.00 and executed a sale-deed and also sworn affidavit to this effect and there is no illegality in the impugned order and the finding of the trial Court has also been affirmed by the Revisional Court about releasing of the truck in favour of the informant and as such the petition filed by the petitioner is fit to be dismissed.