1. Revision Petitioner in the Crl. R. P. is the accused in C. C. 266 of 1983 on the file of the Additional Judicial Magistrate of the First Class, Trivandrum. He is the respondent in Crl. M.C. 752 of 1983. The complainant in the case is the first respondent in the Crl. R. P. and the petitioner in the Crl.M.C. They will be referred to as accused and the complainant respectively in this order.

2. The complainant filed a private complaint before the Magistrate against the accused alleging that he is the owner of lorry bearing registration No. KER. 8232, that on 15-4-1983, the accused met him and negotiated the sale of the lorry, that the lorry was subject of a hire purchase agreement in regard to which an amount of Rs. 60,800/- was due, that the respondent agreed to purchase the lorry for a price of Rs. 1,25,000/- inclusive of the hire purchase dues and paid advance of Rs.10,000/- and agreed to pay the balance of Rs. 54,200/- to the complainant in three months. It was further alleged that on 25-8-1983 at 8 p. m., accused met the complainant at his house and wanted to take the lorry out for the purpose of testing and accordingly the complainant allowed the accused to take aw