- (1.) PETITIONER has filed this petition under Section 482 of Cr. P. C for relaxation of condition no. 1 imposed in the order dated 20. 8. 2008 passed by Vth Special Session Judge, Gwalior in Case no. 15 of 2008 by which, the petitioner is directed to deposit the amount of entire arrear within a period of one month.
(2.) SUBJECT matter of this petition is that the petitioner is registered owner of the truck bearing No. MP07 HB 0816. The truck was financed by respondent no. 1 Tata Motors. Loan amount was to be paid by the petitioner by way of instalments. Notice viz Ex. P/3 was issued by the respondent no. l then last instalment of Rs. 20,000/- was deposited by the petitioner on 24. 1. 2008 viz. Annexure P/4 and only Rs. 46570/- remained to be deposited. Thereafter, the truck was seized when it was in transit by some agents of respondent no. 2. Petitioner then filed a complaint in the court of Vth Special Sesssion Court who directed for investigation under Section 156 (3) of Cr. P. C. Police Bahodapura, registered Crime no. 77 of 2008 for offenses punishable under Section 392, 323, 406, 420, 468 and 471 of IPC and U/s 11,13 of MPDVPK Act Viz Annexure P/2 against Yatish Tripathi Collection Manager of Tata Finance and another. The truck was seized by the police then petitioner and respondent no. 2 both filed an application in the Court of Special Sessions Judge for delivery of possession of the truck. Special Sessions Judge, Gwalior repelled the claim of the respondent no. 2 and directed release of truck in favour of the petitioner imposing certain conditions as under : (i ). Petitioner Rampal Singh should deposit all remaining arrears of instalments due up to 20. 8. 2008 and in future, he will regularly deposit due instalments; (ii ). He will not make any change or variation in vehicle. Nor transfer or hand over it's possession to any one else; (iii ). Whenever required, he will produce vehicle with relevant documents, (iv ). All the conditions shall be fulfilled by the petitioner within one month in default of which, respondent no. 2 Tata Motores ltd. Will be entitled to file application for delivery of possession;
(3.) LEARNED counsel for the petitioner contended that procedure adopted by the bank for removing truck from possession of the petitioner is deprecated. The bank should have resorted to the procedure recognized in law to take possession of the vehicle in case, the petitioner may have committed default in payment of instalments.;