SAPRE, J.:- By this petition under Art.226 of the Constitution of India, the petitioner seeks to challenge the order dated 2nd Nov. 1977 passed by the Metropolitan Magistrate, 26th Court, Borivli, Bombay,, under S.451 of the Cr. P. C. 1973 in Criminal Case No. 655/W of 1977.

2. Criminal Case No. 655/W of 1977 arises out of a complaint filed by respondent No. 2 Roshanlal Anand against four persons, including the petitioner Om Rajnarain Shivpuri who is shown as accused No. 3 in the said complaint. That is a complaint under Section 420 read with S.34 of the I.P.C. The allegations in the complaint are these. On 4th Jan., 1977 accused No. 2 Rajesh Saksena entered into an agreement of sale with the complainant Roshanlal Anand and sold to him his car Fiat Premier President bearing registration No. DHC-6239 on receiving payment of Rs. 20,500/-. Accused No.2 Rajesh Saksena handed over to the complainant the certificate of registration along with sale letter and receipt, but he agreed to give delivery of the car to the complainant, after transferring ownership by applying to the R. T. O., Delhi. However, accused No. 2 dishonestly handed over possession of the car to accused No. 3, th