UJAGAR SINGH,J - (1.) THIS Criminal Miscellaneous has been filed for quashing of the First Information Report No. 64 dated 23.4.1988, under Section 379 of the Indian Penal Code of Police Station Sunam, District Sangrur.
(2.) THE facts narrated therein are that truck No. HPG-2672 was owned by the petitioner and Bahadur Singh (informer) had purchased it on 4.4.1987. In this respect, the petitioner received the whole amount and gave to Bahadur Singh 'no objection certificate' and on that basis, Bahadur Singh got the truck transferred in this name on 25.9.1987. Thereafter he employed one Gani Khan as a driver. On the night between 20/21.4.1988, the driver parked the truck as usual in front of the house of Bahadur Singh on the road, near an electric pole. Bahadur Singh and Gani Khan slept on cots near the truck and at about 1.00 a.m., both of them heard the noise of the engine of the truck. Bahadur Singh and Gani Khan woke up and saw Surjit Singh alias Kala son of Anokh Singh, resident of Sunam on the steering and Kapur Singh son of Khazan Singh, resident of Sunam was sitting beside Surjit Singh on the front seat. Jawala Singh resident of village Gharcho (presently at Sunam), Surjit Singh son of Mohinder Singh Jat, resident of Longowal and Tara Chand son of Harbans Lal, resident of Bhatauli were boarding the truck from behind. Bahadur Singh and Gani Khan raised noise, but Surjit Singh drove away the truck. Bahadur Singh and Gani Khan saw all of them in the light from the electric pole. Bahadur Singh purchased this truck through said Kapur Singh. After purchase, the truck had not been transferred in his name. The truck was involved in an accident and at that time registration certificate was in the name of Tara Chand who received the amount of claim from the insurance Company in respect of the damage to the truck although Bahadur Singh was entitled to it. There was some dispute about this amount of claim between Bahadur Singh and Tara Chand petitioner. In this dispute, Bhagwan Dass, President of Truck Union, Sunam, along with some respectable intervened. It was settled that whatever amount was due to Tara Chand would be paid to him. Tara Chand never came to Bahadur Singh. The dispute was about a small amount. As Tara Chand was aggrieved because of this dispute, all the five persons mentioned above who were known to Bahadur Singh and Gani Khan, had taken away the truck. Truck bears registration PTC-9799. On 21.4.1988 Bahadur Singh and Bhagwan Das and some other respectables went to village Bhatauli Mehatpur and Nangal in search of these five persons. They could not find these persons there. In spite of the fact that till the statement of Bahadur Singh was recorded, they had been searching for them but the accused could not be found and Bahadur Singh was therefore, going to lodge a report at the Police Station, but ASI Harinder Singh met him on the way and recorded his statement which was sent for registration of the case. This case was registered at 11.20 a.m. on 23.4.1988. After notice, the parties appeared and on 26.8.1988 one Sohan Lal from the office of the District Transport Authority, Sangrur appeared and produced the file pertaining to truck No. HPG-2672/PCT-9799. On that day, the learned Counsel for the petitioner produced a copy of telegram, addressed to the District Transport Officer, Sangrur, by the petitioner, the original no objection certificate', as also the original affidavit of the petitioner, sworn in by him on 16.7.1987 for the transfer of the said truck. These documents have been marked as Annexure C3, Cl. and C2 respectively. Bahadur Singh sought time to file reply and the case was adjourned to 9.9.1988. Bahadur Singh later on produced his reply by way of affidavit, along with Annexure R1, a copy of receipt signed by Tara Chand on 13.7.1987 in token of receipt of Rs. 22,500/-, Annexure R2 showing deposit of Rs. 5,000/- in State Bank of Patiala, Sunam in the name of Guru Nanak Truck Union, Sunam; Annexure R3, a copy of receipt signed by Kharaiti Lal on 29.4.1987 in token of receipt of Rs. 50,000/- from one Mukhtiar Singh, contractor, near the office of the Block Development Officer, Sunam, District Sangrur and also showing that the vehicle had been given to said Mukhtiar Singh and Annexure R4, a certificate given by the Manager, State Bank of India, Slapper to the effect that Tara Chand had liquidated the entire outstanding in respect of the loan taken against the truck-HPG-2672 and as such, nothing was due from him to the said Bank.
(3.) I have heard the learned Counsel for the petitioner and the respondent-State, as also learned Counsel for Bahadur Singh.;