UNION BANK OF INDIA Vs. GOKAL RAM

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Public Prosecutor. Perused the record of the lower court.

(2.) IT appears that Tractor No. RRN 7303 was recovered by the police in connection with the First Information Report No. 68 of 1994 registered at Police Station Mathaniya. An application was submitted before the Munsif and Judicial Magistrate, First Class Osiyan by Shri Gokulram with the prayer that the Tractor recovered by the police be given in his supurdgi. After hearing the parties the learned Munsif and Judicial Magistrate, First Class, Osiyan by his order dated 27. 5. 1994 ordered that the Tractor be given at the superdgi of the Gokulram subject to the conditions imposed in the order. One of the conditions was that Gokulram would pay all the instalments which had fallen due up to 27. 5. 1994, to the bank which had advanced loan for the purchase of the Tractor.

(3.) I, therefore, find no legal infirmity in the order dated 23. 6. 1994 passed by the learned Additional District and Sessions Judge No. 1, Jodhpur. This petitioner, therefore, has no force. This petition deserves to be dismissed and is hereby dismi-ssed. While parting with this order it may be observed that nothing contained in the order dated 23. 6. 1994 passed by the learned Additional District and Sessions Judge No. 1, Jodhpur, appears to stand in the way of the petitioner bank for taking steps for the recovery of the loan amount which may be due against the Non-petitioner No. 1. The petition is disposed of accordingly. .