JUDGMENT

S. Ganguly, J. - This Rule is directed against an order dated June 11, 1980 passed by Shri H. Banerjee, learned Metropolitan Magistrate, 17th Court, Calcutta framing charge under section 406 of the Indian Penal Code against the accused petitioner in case No. C/933 of 1979.

2. The petitioner's case seems to be that he is the owner of a truck. In June, 1975 he borrowed Rs. 20,000/- from M/s. Ganesh Narayan Brijlal Limited by mortgaging the said truck. The ownership of the truck remains with him. But certain papers were treated showing that the petitioner was taking the truck on hire purchase agreement from the said firm of financier. In July, 1976 the truck met with a serious accident and it is lying in a petrol pump on the Jessore Road, Dum Dum. A claim was lodged by the firm of financier through the petitioner as he happens to be the registered owner of the said vehicle. This claim was not ultimately persued.

3. On the allegation that the petitioner did not pay the balance under the hire purchase agreement the financier filed a suit in the Original Side of this High Court and obtained an order whereby a Receiver was appointed in respect of the said truck.

4. Suppressing th