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1977 Supreme(Bom) 77

B.C.GADGIL
GHAFOOR BHAI NABBU BHAI TAWAR – Appellant
Versus
MOTIRAM KESHAORAO BONGIRWAR – Respondent


JUDGMENT-The applicant has filed the present revision against an order passed by the Judicial Magistrate, First Class, Darwha, in Miscellaneous Criminal Case No.1 of 1977, directing that truck No. MHV-5232 be delivered to Keshaorao Narayanrao Bongirwar (non applicant No.2 in this proceeding) on his executing a supratnama in the amount of Rs. 30,000. The supratnama is to contain a term that non-applicant No.2 should produce the property whenever required.

2. Truck No. MHV-5232 originally belonged to the applicant (who is the original complainant). The truck was registered in the name of the applicant in the Regional Transport Officers record. The applicant's case in brief in that he obtained a loan of Rs. 9,000 from non-applicant No.2. He executed a blank Form for the transfer of the truck in the name of non-applicant No.2. However, the trucks remained and continued in possession of the applicant. It is alleged that on December 9, 1976, non-applicant No.1 (who is the son of non-applicant No.2) committed the theft of the said truck by removing it from the Arni bus-station without the consent of the applicant. The applicant made a report about this theft to the police on December 30,


























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