SHANKAR LAL Vs. PREM SAGAR

JUDGEMENT

(1.) THIS is a criminal revision under Section 401, read with Section 397, Criminal P. C. against the order of the learned Additional Sessions Judge, Baran dated 14-4-1975, arising out of order dated 21-9-1974, passed by the learned Judicial Magistrate, Baran.

(2.) THE facts of the case, in brief, are that Truck No. RJG 418 initially belonged to Devi Lai D. W, 1, who later on transferred it in favour of Ishak Ali D. W. 2 for a sum of Rs. 33,501/ -. The accused Shankar Lai advanced a part of this consideration, and Rs. 15,000/- were borrowed from the Fair Finance Company of Delhi under Hire Purchase Agreement. Ishak Ali was the hirer and Shankar Lai was the guarantor. The contention of the accused Shankar Lai was that he was the real owner of the truck, while Ishak Ali was only a "benamidar. " Ishak Ali plied the truck for some time, and later on, on 16-6-1969, he delivered the truck to Prem Sagar, under an arrangement. The truck was involved in an accident near Nasirabad. The police of Magalia P. S. seized the same on 24-7-1969. Ishak Ali executed a power of attorney in favour of Prem Sagar authorising him inter alia to sell, mortgage, hypothecate, alienate or gift the said truck. This power of attorney was executed on 21-8-1969. On the basis of this authority Prem Sagar moved an application for the release of the truck on "superdginama" in the Court of Munsiff Magistrate, Nasirabad. The truck was handed over on "superdginama" to Prem Sagar on his executing a surety of Rs. 10,000/ -. On 8-4-1970 when the truck was standing near the shop of Prem Sagar at Baran, Shankar Lai accompanied with Mohan Lai, and Ayub took the possession of the truck. Prem Sagar lodged FIR Ex. P-4 with the Police Station, Baran on 8-4-1970, on the basis of which a case was registered against Shankar Lai and others. But the truck was seized during the investigation. After the completion of the investigations, the accused persons were challaned and the truck No. RJG-418 was handed over to Prem Sagar on "superdginama". Charges under Section 379, I. P. C. were framed against Shankar Lai and Mohan Lai, while Ayub was charge-sheeted under Section 411, I. P. C. The learned Magistrate acquitted all the three accused-persons of the charges framed against them. It was further ordered that the truck No. RJG-418 may be handed over to Shankar Lai, who is the real owner. Feeling aggrieved against this order, Prem Sagar filed an appeal before the learned Additional Sessions Judge, Baran. This appeal was allowed on 14-4-1974, and it was ordered that the truck No. RJG-418 may be handed over to the complainant party Prem Sagar. Shankar Lai feeling aggrieved by this order of the learned Addl. Sessions Judge has filed the present revision petition.

(3.) ON behalf of Shankar Lai, it was contended that the order of the learned Addl. Sessions Judge is erroneous in law, as the learned Addl. Sessions Judge has no jurisdiction of ordering that the truck be handed over to Prem Sagar, as on 8-4-1970, the truck was seized by the police from the possession of Shankar Lal. It was further contended that for ell intent and purposes Shankar Lai was the real owner of the truck, and that on 27-3-1970, Ishak Ali had applied to the registration authority that the registration of the truck may be transferred in the name of Shankar Lai. It was, therefore, contended that even if the applicant Shankar Lai had taken over the possession of the truck on 84-1970 from the custody of Prem Sagar, then too, no illegality was committed as the real owner of the truck took the possession of the property which belonged to him. It was also contended that the interests of justice require that the truck should be ordered to be handed over to Shankar Lal.