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2008 DIGILAW 1122 (RAJ)

Shriram City Union Finance Ltd. v. State

2008-04-24

K.S.RATHORE

body2008
JUDGMENT 1. - The present criminal revision petition under Section 397 read with Section 401 of Code of Criminal Procedure is directed against the order dated 14.02.2008 passed by the District & Sessions Judge, Jaipur District, Jaipur in Criminal Revision No. 14/2007 whereby the revision petition filed by the respondent No.2 has been allowed and order dated 29.01.2007 passed by Judicial Magistrate, Chomu District, Jaipur in Misc. Application No. 45/2007 has been set aside and application filed by the petitioner seeking 'Supurdgi ' of mini bus bearing No.RJ-14-PA-0390 was allowed.The revisional Court has set aside the order dated 29.01.2007 and ordered to release the vehicle in question in favour of its registered owner-Shivnath Shastri. 2. Learned counsel for the petitioner submits that mini bus was financed by the petitioner company to respondent No.2. The respondent No.2 Shivnath has not paid the installments of the loan amount. It is further submitted that the revisional court has erred in quashing the order dated 29.01.2007 passed by learned Magistrate. He place reliance on the judgment delivered by Hon'ble Supreme Court in the case of Orix Auto Finance (India) Ltd. v. Jagmander Singh & Anr, 2006 (2) SCC Page 598. wherein the Hon'ble Supreme Court has held that besides the loss of value of truck in case of non-user thereof, security of the financier's dues also ought to be taken into consideration. 3. This Court in the case of Shanker Lal v. State decided on 03.01.2007 has relied upon the judgment passed by the Hon'ble Supreme Court and upheld the order passed by the trial court. 4. Having heard rival submissions of the respective parties and upon careful perusal of orders passed by the revisional court and trial court as well as judgment referred before me, it is no doubt that the petitioner-finance company is vitally interested in recovering the due amount. It is also stated at bar that even after the revisional court passed the order, the respondent No.2 has not bothered to take the mini bus on 'Supurdginama', which is still lying in the police station-Harmada. 5. The order dated 14.02.2008 passed by revisional Court i.e. District & Sessions Judge, Jaipur District, Jaipur is hereby quashed and set aside. It is also stated at bar that even after the revisional court passed the order, the respondent No.2 has not bothered to take the mini bus on 'Supurdginama', which is still lying in the police station-Harmada. 5. The order dated 14.02.2008 passed by revisional Court i.e. District & Sessions Judge, Jaipur District, Jaipur is hereby quashed and set aside. Since, the loan amount has not been paid by the respondent No.2 and also not taken the mini bus on 'Supurdginama', the order dated 14.02.2008 passed by the revisional Court is hereby quashed and set aside. However, the petitioner can move application for seeking 'Supurdgi' of mini bus for realising the outstanding amount before the trial court. 6. In the result, the criminal revision petition stands disposed of. Record be sent back.Petition Disposed Of. *******