MEGHMA LEASING LIMITED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant misc. petition has been preferred by the petitioner finance company challenging the order dated 13.10.2010 passed by learned Additional Sessions Judge No.1, Udaipur in Criminal Revision No.3/2009 whereby the revision filed by the petitioner against the order dated 10.2.2009 passed by the learned Additional Chief Judicial Magistrate No.3, Udaipur in Criminal Regular Case No.36/2008 has been partly allowed and the petitioner has been given the interim custody of vehicle Truck No.RJ30 G- 508 on supardginama upon its giving an undertaking that the petitioner shall be burdened with the liability accruing with any claim in relation to the accident as if it was registered owner thereof.

(2.) SUCCINCTLY stated the facts of the case are that the petitioner company financed the vehicle to one Bhanwar Lal. Whilst being in custody of Bhanwar Lal, the vehicle met with an accident and a man died in the accident. The vehicle was seized in connection with the F.I.R. filed for the accident. The installments were thereafter not paid by Bhanwar Lal on which the petitioner moved an application in the court of Magistrate where Bhanwar Lal was facing trial, praying that the vehicle be given on supardginama to the petitioner company as it was put to undue loss because of the vehicle being lying in the police station. The application was rejected by the learned Additional Chief Judicial Magistrate No.3, Udaipur vide order dated 10.2.2009. Against the said order, the petitioner moved revision and the learned revisional court accepted the revision but at the same time, directed the petitioner be given the interim custody of vehicle no.RJ30 G-508 on supardginama upon its giving an undertaking that the petitioner shall be burdened with the liability accruing with any claim in relation to the accident as if it was registered owner thereof. The prayer made on behalf of the petitioner company before the learned revisional court that the petitioner be permitted to utilise the vehicle by letting it out or hiring it, was also accepted but subject to the petitioner giving the aforesaid undertaking.