AKHTAR ALI AND ANOTHER Vs. ROSHAN LAL AND ANOTHER
LAWS(ALL)-1995-5-145
HIGH COURT OF ALLAHABAD
Decided on May 26,1995

Akhtar Ali And Another Appellant
VERSUS
Roshan Lal And Another Respondents

JUDGEMENT

N.B. Asthana, J. - (1.) Opposite Party No. 1 Roshan Lal filed a complaint against the revisionist and opposite parties Nos. 2 and 3 under Section 403, 306, 418, 420, 120-B, 352, 504 and 506 Indian Penal Code in the court of IV Additional Munsif Magistrate, Budaum (Criminal Case No. 2430/92) stating that revisionist Akhtar Ali had taken a loan from Pragati Financers, Civil Lines, Budaun of Rs. 1,65,000/- for purchasing a Mini Bus J.K.U. 1051; Engine No. 497, S.P. 21888734 Chasis No. 357512915043. A hire purchase agreement was arrived at on the same day. Accused No. 4 Fazl Ali and Inderjeet Yadav were the guarantors of the loan. They also signed the Hire Purchase Agreement. The vehicle was brought from Jammu and Kashmir. It was further agreed upon that revisionist No. 1 would bring the vehicle in the State of U.P. and then would get it registered in the name of Pragati Financers. He however after bringing the vehicle in the State of U.P. got it registered in his own name. He did not pay the loan in the required instalments and when the complainant made enquiry he came to know that the vehicle has been wrongly registered in the name of revisionist No.1. He then filed the complaint in question. The Magistrate took cognizance of the case and issued a search warrant under Section 93 of Criminal Procedure Code. The vehicle was seized by the police. Vide order dated 12.2.93 the Magistrate released the vehicle in the supurdagi of the complainant who is the managing partner of Pragati Financers. Aggrieved by it the two of the accused have come to this Court in revision. In this revision order dated 20.11.92 passed under Section 93 of Criminal Procedure Code has also been challenged. The present revision was filed on 23.2.93. It is beyond time in sofar as the order dated 20.11.92 is concerned. No application under Section 5 of the Limitation Act has been filed for condoning the delay. The revision in so far as it relates to the order dated 20.11.92 is beyond time. Otherwise also the Magistrate has jurisdiction for ordering confiscation or production of the case property. Under which section the order has been passed is immaterial. It would as such would not make any difference whether the order was passed under Section 93 Criminal Procedure Code or under any other provisions of the Act. The order as such cannot be said to be without jurisdiction. In so far as the order dated 12.2.93 is concerned, the trial court has considered the documents filed on behalf of opposite party No.1 as well as by the revisionist and then has come to the conclusion that opposite party No.1 is entitled to the supardagi in question. The contention of the revisionist is that they had taken another vehicle on Hire Purchase Agreement from the complainant and at that time the thumb impressions of revisionist No.1 were taken on a number of papers. He paid the entire amount of the vehicle but the complainant insisted for payment of Rs. 15,000/- more. He did not pay this amount whereupon the complainant prepared forged document on blank papers and then filed the complaint with false allegations. The revisionist No.1 did not dispute his thumb impressions over the documents filed by the complainant. It would be a matter for determination at the time of final disposal of the case whether his thumb impressions were taken on blank papers or he had executed the Hire Purchase Agreement and was given the loan of Rs.1,65,000/- as alleged by the complainant. Prima facie it was clear that such an agreement was in fact arrived at between the parties. There is a clause in the Hira Purchase Agreement that in case default is committed in the payment of instalments, the complainant would be entitled to seize the vehicle in question. Under this condition of the Hira Purchase Agreement the complainant was entitled to supurdagi of the vehicle. Admittedly default has been committed in payment of the instalments in question. The order of the trial court does not suffer from any infirmity. The order passed is just and proper. The revision has no force and is dismissed. Revision Dismissed.;


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