By way of present revision application, filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the applicant has prayed to modify the order dated 07th March, 2011 passed by the Metropolitan Magistrate Court No.12, Ahmedabad in Criminal Miscellaneous Application No.179 of 2010 whereby the learned Magistrate was pleased to release the vehicle in question with permission to sale by the applicant Company upon furnishing Bond instead of Security.
The facts of the case is that the applicant Company is engaged in the business of financing of vehicle on hire purchase / loan basis. The applicant Company had given loan for purchase of the vehicle in question to the respondent No.2 herein. Thereafter, the respondent No.2 failed and neglected to pay the regular monthly installments and has become a defaulter. Therefore, the applicant Company preferred Civil Miscellaneous Application No.33 of 2010 under Section 9 of the Arbitration and Conciliation Act, 1996 before the City Civil and Sessions Court, Ahmedabad. Thereafter, the authorised representative of the applicant Company repossessed the vehicle in question in terms of the loan agreement and in pursuance to the order passed by the City Civil and Sessions Court. However, the respondent No.2 filed the complaint, which came to be registered as C.R. No.I-247 of 2010 with Gaekwad Police Station and therefore, the said vehicle in question was taken in custody by the police authority from the applicant Company as muddamal.
Therefore, the applicant Company preferred Criminal Miscellaneous Application No.179 of 2010 before the Metropolitan Magistrate Court No.12, Ahmedabad seeking possession of the vehicle in question with a permission to sale the same.
After hearing the learned counsel for the respective parties as also after going through the papers, the learned Magistrate was pleased to partly allow the said application vide the impugned order dated 07th March, 2011 whereby possession of the vehicle in question was given to the applicant Company on a condition to provide security of Rs.4,50,000/- as well as indemnity of the equivalent amount with further condition that the said vehicle be produced as and when it may be demanded by the Court and not to sale, gift, mortgage or transfer the said vehicle to anybody.
Being aggrieved by the said order, the applicant Company has preferred the present Revision Application before this Court.
Heard Mr.Devang Joshi, learned counsel for the applicant, Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent No.1-State and Mr.Shankarlal Kalabhai Chauhan, Party-in-Person, respondent No.2.
Mr.Joshi, learned counsel for the applicant, states that the order passed by the learned Magistrate is contrary to the settled principles of law and without appreciating the facts of the case. He has contended that the applicant is a finance Company, which had given loan to the respondent No.2 to purchase the car. When the respondent No.2 becomes defaulter, the same must be handed over to the applicant so that the applicant Company may auction the said vehicle and realize the outstanding amount. Therefore, the vehicle must be released upon furnishing indemnity bond only instead of insisting on security from the applicant Company. By the impugned order, the applicant Company is saddled with liability of incurring maintenance expenditure on the vehicle by keeping it in godown. He, therefore, contended that the impugned order may kindly be modified as prayed for.
Heard Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent No.1-State and Mr.Shankarlal Kalabhai Chauhan, Party-in-Person, respondent No.2 It appears from the papers that the vehicle in question is muddamal, which is involved in the offence of robbery and the said case is pending before the Court. Thus, when the case is pending in the Court and the vehicle in question is muddamal, I am of the opinion that the order passed by the learned Magistrate is just and correct and need not require any interference.
In view of above, present revision application is hereby dismissed. Notice is discharged.
(Z.
K. Saiyed, J) Anup Top