SUNDER LAL GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) G .K. Sharma, J 1. This petition is under Section 482 Cr.PC which has been preferred against the order dated 15 -3 -1988 pissed by the Additonal Chief Judicial Magistrate, No. 2, Kota, by which, he ordered to deliver the recovered Ballis from the possession of the petitioner to Narain Das on Supardaginama.

(2.) ONE complaint was lodged at the Police Station by Govind Das respondent No. 2 against Mahesh Chand to the effect that Mahesh Chand purchased Ballis from their shop and he promised to make the payment of the same next morning, but without making the payment he took away those those Ballis in three trucks. It is further alleged that one of the truck loaded with ballis was sold by Mahesh Chand to the petitioner Sunder Lal A case under Section 420 IPC was registered against Mahesh Chand and the Police seized the ballis from the possession of Sunder Lal Petitioner. Sunder Lal petitioner requested the court to hand over the possession of the ballis to him on Supardaginama and on the other band Narain Das and Govind Das also, prayed similarly. The learned Magistrate after hearing both the parties passed an impugned order dated 15 -3 -1988 and ordered to hand over the ballis on Supardaginama of Rs. 20,000/ - to Narain Das. This order has been challenged here.

(3.) THE Misc. Petition is therefore, accepted. The order of the learned Additional Chief Judicial Magistrate dated 15 -1988 is set aside and it is directed that the ballis be handed over to the petitioner Sunder Lal on Supardaginama of Rs. 10,000/ -.