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2003 Supreme(P&H) 792

S.S.SARON
Naf Singh – Appellant
Versus
Devender Kumar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ravi Kiran Dahiya, Advocate.
For the Respondent:Mr. I.S. Balhara, Advocate.

JUDGMENT

S.S. Saron, J. - This criminal misc. petition under Section 482 of the Code of Criminal Procedure (Criminal Procedure Code for short) has been filed against the order dated 26.3.2002 passed by the learned Additional Sessions Judge, Jhajjar, whereby the order dated 28.11.2001 of the learned Sub Divisional Judicial Magistrate, Bahadurgarh, directing the release of truck No. HR-46-A-6723 on superdari in favour of the petition, has been set aside.

2. The petitioner filed a private complaint against Jagdish (respondent No. 3) and Surajbir (respondent No. 4) and four other persons on the allegations that he is the owner of Truck No. HR-46A/6723 which he purchased in the year 1999. For the purchase of the said truck the petitioner took a loan of Rs. 5,20,000/- from M/s Tata Finance Ltd. New Delhi (respondent No. 2). The balance amount was paid by him from his own resources. For the purposes of the loan, Jagdish (respondent No. 3) sood as guarantor. It is alleged that on 23.6.2000 at about 8.30-9.00 p.m. at the exit door of H.N.G. Glass Factory, Bahadurgarh, the accused (respondent Nos. 1 and 2) alongwith our other persons forcibly took the truck from Dalbir Singh son of the petiti






























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