KANA RAM Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner as also learned counsel for non-petitioner No. 2 and learned Public Prosecutor.

(2.) By the impugned order dated 23.5.1997, learned ACJM, Navan has taken cognizance under section 407, Penal Code against Radhey Shyam, non-petitioner No. 2 herein. The above order was challenged by the latter by filing revision petition No. 56/97 in the Court of Special Judge, SC/ST Cases, Merta, which was accepted by order dated 10.12.1997. Hence, this petition under section 482, Cr.P.C.

(3.) The submissions of the learned counsel are that registered owner of the Tractor No. RJ 21-2334 was Kane Ram and not only registration certificate but also Insurance papers were in his name. The tractor was purchased by him by taking loan from Nagaur Co-operative Land Development Bank, Parbatsar Branch. It is also stated that Radhey Shyam (non-petitioner No. 2) was driver and did not return the tractor to registered owner, therefore, an FIR No. 108/96 was registered at Police Station, Maroth. The Police upon investigation, submitted Final Report in the Court below. Upon filing protest petition, the trial Court took cognizance against Radhey Shyam but same was set aside in revision petition by the impugned order dated 10.12.1997.