( 1 ) IN this petition filed under Sec. 482 of the Crlpc, 1973 (hereinafter referred to as Crlpc), what is assailed and sought to be quashed is an order purporting to have been made under S. 451 Crlpc by the Chief judicial Magistrate, Bijapur on 17-7-1976 in Criminal Case 961/1976, which has been confirmed by the Sessions Judge, Bijapur, by his order dated 29-10-1976.

( 2 ) THE learned Magistrate, by the impugned order, has directed the tractor bearing MYJ-5467 and the Trailer bearing MYJ-5468 to be given to the custody of the respondent Shivalingappa on his executing a bond in a sum of Rs. 25,000 and on condition that he should produce them before court whenever required, and, that order he passed in the following circumstances : The respondent, it is undisputed, purchased the said tractor and Trailer for a sum of Rs. 60,000 and paid a sum of Rs. 13,000 and for the balance he raised a loan of Rs. 47,000 from the primary Land development Bank, Bijapur, by hypothecating the said Tractor and trailer and on the security of his lands, and paid it. However, on 28-6-76 the petitioner Gurappa filed a complaint before the learned Magistrate against the respondent, inter alia alleging that

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