BAGH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE two accused petitioners have filed this application Under Section 482 Cr. P.C. against the order of the learned Chief Judicial Magistrate, Chittor Garh dated 15 -10 -82 by which cognizance of the offences Under Sections 467, 468, 471 read with 120B I.P.C. has been taken against them.

(2.) BRIEFLY stated the facts of the case are that one Trilok Singh filed a FIR against Harjinder Singh alleging that a truck No. RJZ 2115 was registered in the name of Mohd. Sharif who sold it to Habib and Ramesh Chandra and Ramesh Chandra in his turn sold it to Trilok Singh and the accused Harjinder Singh. It was further alleged that Trilok Singh invested a sum of Rs. 18, 000/ - and Harjinder Singh invested a sum of Rs. 17,000/ - for the purchase of this truck and it was agreed that the rest of the amount shall be paid at the time of the transfer of the registration to Ramesh Chandra. The truck was kept in the custody of Harjinder Singh and he was to maintain the accounts. However, it was further alleged that when Trilok Singh asked for accounts. Harjinder Singh told him that the truck was not plying properly and there were losses. On this account some disputes arose between the two. However, that matter was later compromised between them and it was agreed that the ownership of the truck shall be transferred to Trilok Singh alone on certain agreed payments.

(3.) I have heard the learned Counsel for the petitioners and the learned P.P. and have gone through the record.