OM PRAKASH Vs. PREM RAJ

JUDGEMENT

(1.) HEARD the learned counsel for the petitoner and the learned Public Prosecutor.

(2.) THIS petition under Section 482 Cr.P.C. is directed against the order dated 2nd February, 93 passed by the learned Additional Chief Judicial Magistrate, No. 3, Jodhpur in C.R. No. 20/93, whereby the learned Additional Chief Judicial Magistrate directed that the vehicle be given in the "Supurdagi" of non-petitioner No. 1 under Section 451 Cr.P.C.

(3.) ON 8th June, 92 the petitioner Om Prakash (who is accused in the criminal case registered by the police), agreed to sell the auto rickshaw No. RSN 9023 to Premraj (non-petitioner No. 2) for a sum of Rs. 17,000/-. In part performance of the contract to sell, Premraj paid a sum of Rs. 3,000/- at the time of agreement and agreed to pay the remaining amount alongwith the interest in monthly instalments of Rs. 500/- each. The instalments were paid on 5th July, 92, 14th August, 92, 10th September, 92 and 5th December, 92. On 8th January, 93, a cheque of Rs. 1300/- was paid. It is an admitted case that the petitoner Om Prakash had given possession of the auto rickshaw No. RSN 9023 to the non-petitioer No. 1 Premraj at the time of agreement.