MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEAD learned Counsel for the petitioner and the learned Public Prosecutor and learned Counsel for non -petitioner No. 2.

(2.) THIS petition under Section 482, Cr. P.C is directed against the order dated 22.10.1996 passed by the learned Civil Judge (Jr. Division) and Judicial Magistrate, Padampur. By the said order the learned Judicial Magistrate, Padampur rejected the application filed by the petitioner for giving the jeep in his supardagi and maintained his earlier order dated 29.11.1995 whereby the supardagi of the jeep was entrusted to non -petitioner No. 2.

(3.) ACCORDING to allegations made by Mohan Singh (petitioner), he is the registered owner of jeep No. PUW 1642. He agreed to sell the jeep to Kulwant Singh (non -petitioner No. 2) for a sum of Rs. 77,000/ -. The agreement was executed between the parties and in part performance of the contract of sale, Kulwant Singh (non -petitioner No. 2) paid a sum of Rs. 50.000/ - to the petitioner and obtained the possession of the jeep. The remaining amount of Rs. 27,000/ - was to be paid by the non -petitioner No. 2 on or before 15.10.1995. It was also agreed between the parties that on payment of full purchase -price, the petitioner would take steps for transfer of the title to the jeep to the non -petitioner No. 2 by change of entries in the registration -certificate and other related documents.