T.V. NALAWADE, J.

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The petition is filed to challenge part of order made by the learned Judicial Magistrate, First Class, Udgir in Criminal M.A. No. 576/2015 and the decision of Criminal Revision No. 23/2015, which was pending in the Court of Additional Sessions Judge, Udgir. There are allegations against a driver of the truck that he sold the goods, jaggery to third person without permission of owner of the goods and thereby committed the offences of criminal misappropriation and breach of trust.

3. Present petitioner is finance company, which had given loan to the registered owner of the truck on hypothecation basis. By filing aforesaid application in the Court of J.M.F.C. the finance company had prayed for interim custody of the vehicle and also for getting permission to sell the truck. It is the case of finance company that if the vehicle is kept idle, it's value will get reduced and the finance company will suffer loss. It is the case of finance company that the debtor has committed default and proceeding is started against the debtor for recovery of amount due from him. The