AMAR JYOTI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application by one of the accused of Nawadah Town P.S. Case No. 182 of 2006 arising out of Complaint Case No. 777 of 2005 has been filed for quashing of the order dated 27.12.2005 passed by the learned Chief Judicial Magistrate, Nawadah whereby the Indemnity bond of the Opposite Party No. 2 herein was accepted and the seized Maruti Esteem Car bearing Registration No. D2 -4CD -3523 was allegedly in a wrong and illegal manner handed over to O.P. No. 2 herein.

(2.) THE facts of the case may be noticed with brevity. Opposite Party No. 2 herein, Ranjit Kumar, filed the aforesaid complaint case on 5.8.2005 inter alia stating that he lived as a tenant in the house of the accused persons who were uncle and nephew by relationship and a cordial relationship of faith and trust in each other had developed. It is alleged that on 16.7.2005 he had purchased a Maruti Esteem Car from one K.S. Shethi in Delhi bearing Engine No. 0506433, Chasis No. 306399, Model -1995 and he had conveyed the same to the accused persons. The news of the purchase of the car appears to have aroused a sense of mischief in the mind of the accused persons who felt that the complainant had lots of money which they could usurp fraudulently and with that motive and in conspiracy they on 5.8.2005 requested the complainant to give the documents relating to the car to them so that they could peruse the same and see that the same were in order. The complainant is said to have immediately handed over the papers to the accused persons and after going through the same they told the complainant that the insurance document was not in order and had to be rectified and as they were employed in the Insurance Company he should leave the document with them and the rectification of the insurance documents would entail a cost of Rs. 30,000/ -. The complainant in good faith paid a sum of Rs. 30,000/ - to the accused persons on 7.9.2005 and the accused persons obtained the signature of the complainant on some blank sheets of paper and a non judicial stamp paper under the pretext that the same would be used in rectifying the insurance documents. They also gave an assurance that they would give the rectified insurance documents along with all other documents within 15 days. When the same was not returned to the complainant within the stipulated time he made a request for the same and he was told that another 15 days would be required. The complainant is said to have approached the accused persons again after the prescribed time but the accused persons avoided returning the papers whereupon the complainant got suspicious and started making inquiries and learnt that both the accused were frauds. On 1.10.2005, the complainant claims to have demanded the return of his money as also the documents relating to the car whereupon the accused persons got furious, abused him and gave out that the car now belonged to them and if he wanted the documents he had to pay another Rs. 10,000/ - and showed him an affidavit allegedly bearing his signature and indicating that Rs. 10,000/ - was due.

(3.) IT appears that the petitioner filed a petition for recall of the orders dated 27.12.2005 and 2.1.2006 whereby the seized Maruti Esteem Car was released by the learned Chief Judicial Magistrate, Nawadah in favour of the complainant, Ranjit Kumar, which was ceremoniously rejected in a wrongful and illegal manner.