R. N. Aggarwal,j. (oral)

( 1 ) ON 21st September 1975 Vasheshar Nath filed a complaint at the Police Station, original Road, alleging that before going to west Bengal he left his motor-cycle bearing registration No. HRG, 3248 with his friend Aytar Kishan, resident of Joshi Road, Karol Bagh, New Delhi, that the accused Ranjit Kumar who is a relative of his and was residing in Ballabhgarh, District Gurgaon went to Avtar Kishan and obtained possession of the motor cycle by misrepresenting that the motor-cycle was required by him (complainant) at Faridabad, that on 10th September 1975, he came to know about the above fact and on that he went to the accused and asked for the motor-cycle but he refused to give the motor cycle.

( 2 ) ON the above report the police registered a case under Sections 400 and 420 of the Indian penal Code against Ranjit Kumar.

( 3 ) ON 18th March, 1978 Ranjit Kumar made an application to the Court alleging therein that the motor cycle in question was attached by the Assistant Collector of Revenue, Ballabhgarh in June, 1974 in execution of a warrant of attachment against Vasheshar Nath and the motor cycle was given to his (accused s) father on superdari and that

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