Rule with the consent of the parties made returnable forthwith and heard.

2. This Petition takes exception to the Order dated 15.12.2009, passed by the learned J.M.F.C., Pernem Goa, by which order the application filed by the Respondent No.2 herein under Section 451 of Criminal Procedure Code came to be allowed and the Investigating Officer was directed to issue necessary letter to the registered owner of the truck bearing No. GA-03-T-4685 to hand over the truck to the Respondent No.2 herein within 15 days.

3. The Petitioner herein is the registered owner of the said truck bearing No. GA-03-T-4685 which he has purchased after availing of finance which has been extended by the Respondent No.2 - Finance Company to the extent of Rs. 6,50,000/-. A complaint came to be filed by the Petitioner abovenamed that on 26.3.2009 at about 18.30 hours the Petitioner had parked the said truck at the residence of one Shantaram Namdev Pawar at Malpem, Pernem.

4. It is the case of the Petitioner that after sometime the unknown persons took away the truck from the parking place. Thereafter, the Petitioner was searching for the truck and on 9.8.2009 he found the said truck parked in one