- (1.) This revisional application is directed against the order dated 27.6,2003 passed by the learned Judicial Magistrate, 9th Court, Alipore in case No. C- 3168/2003 thereby rejecting petitioner's prayer for return of the vehicle bearing Registration No. WB--02M/5989 and directing that the vehicle be returned to respondent No. 2.
(2.) The facts of the case as it appears from the averments of the revisional application is that, the petitioner is a company incorporated under Companies Act. Complaint case No. C-3168/2003, now pending in the Court of learned Judicial Magistrate, 9th Court, Alipore was initiated on the basis of complaint filed by respondent No. 2 alleging theft of his vehicle by his driver Motuk Chowdhury and others and on the basis of it a case under Sections 406/379/34 of I.PC. was started. in the complaint respondent No. 2 alleged that he is the registered owner of the vehicle bearing Registration No. WB- 02M/5989 and the vehicle was entrusted to driver Motuk Chowdhury for driving. On 22.5.03 the said Motuk Chowdhury took away the vehicle from residence of complainant at morning and did not return the vehicle to him. Complainant apprehended that his vehicle was stolen away by Motuk Chowdhury and others and, he was of the notion that the said vehicle has been kept under the jurisdiction of Park Street Police Station at 24, Park street. The complainant also prayed for issue of search warrant for the recovery of his vehicle under Section 94 of Cr.RC. and the learned Magistrate allowed the prayer. On execution of the search warrant the vehicle was seized by the police authorities attached to Kalighat Police Station and, at the time of seizure the police personnel informed the office bearers of petitioner company that the said vehicle was seized in connection with the aforesaid complaint case.
(3.) It has been further contended by the petitioner that respondent No. 2 entered into an agreement with the petitioner for purchasing a Maruti make Wagon R Model on hire purchase agreement and it was agreed by and between the parties that amount of hire charge was to be Rs. 7,350/- for the first month and Rs. 7,950/- for the remaining 35 months. The hirer respondent No. 2 was to make a down payment of Rs. 1,58,591/- initial payment and the balance consideration of the price of the vehicle would be arranged by the petitioner company. After execution of such agreement the petitioner on behalf of respondent No. 2 procured the said vehicle and got it registered with the Registering Authority. The respondent No. 2, the hirer-cum-complainant of complaint case failed and neglected to pay the instalment dues and on failure of respondent No. 2 to make payment of instalments as had been agreed between the parties, the petitioner's representatives in accordance with the provisions of hire purchase agreement took possession of the said vehicle from near Fancy Market, Khidderpore on 22.5.03. The petitioner duly intimated this fact of taking possession of the vehicle to respondent No. 2.;