This petition is filed to set aside the order of the Judicial First Class Magistrate-II, Aluva, (Annexure-8) granting interim custody of the vehicle KBE 1503 to the respondent in this petition.

2. The case of the petitioner is that he entered into a contract of sale of the said bus KBE 1503 which was owned and possessed by the respondent for an amount of Rs. 2,65,000/- and the contract of sale was entered into between the petitioner and the respondent on 10-5-1994 and the terms and conditions were reduced into writing and the said contract is filed as Annexure-I. A sum of Rs. 1,25,000/- was paid to the respondent and the balance amount was to be paid within six months as per the terms of the contract. As per the terms of the contract the possession of the bus was entrusted to the petitioner along with all the documents including the registration certificate of the bus and the permit for plying the bus. According to the petitioner when the matter stood thus, the respondent committed theft of the bus on 16-10-1994 and the petitioner then filed a criminal complaint before the Judicial First Class Magistrate, Aluva, against the respondent and 2 others for offence punishable