[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. PETITION NO. 1765/2006 AJAZUDDIN Vs. MENTOR INDIA LIMITED & ANR. Date: 13.02.2008. HON'BLE MR. JUSTICE K.S. RATHORE Mr. Imran Khan for the petitioner. Mr. Arun Sharma, Public Prosecutor for the State. Mr. Anurag Sharma for the respondent No.1. **** Brief facts of the case are that the petitioner took a loan of Rs. 1,00,000/- from the respondent No.1 for purchasing second hand TATA-407 mini truck bearing No. RJ-14P-349. As the petitioner failed to make the payment of outstanding loan amount in due time, the possession of the truck was forcibly taken by the respondent Company and lodged the FIR at Vishwakarma Police Station. The petitioner moved an application under Sections 451, 457 Cr.P.C. for claiming mini truck. This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 21.07.2006 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate No.12, Jaipur on the application under Section 451, 457 Cr.P.C., whereby the delivery of the mini truck to [2] the petitioner has been denied as also against the order dated 08.08.2006 passed by the Special Judge (Sati Niwaran) Rajasthan & Additional Sessions Judge, Jaipur in Criminal Revision No. 235/2006, whereby the Revisional Court has dismissed the revision petition filed by the petitioner and upheld the order of the trial Court dated 21.07.2006. Learned counsel for the petitioner submits that entire outstanding amount against the loan taken by him has been paid to the respondent Company, which has been denied by the learned counsel appearing for the respondent Company and submits that in case the petitioner furnishes the detail of deposits made by him against the loan, the same will be verified by the respondent Company and the Company shall inform the petitioner regarding outstanding amount which is required to be paid by the petitioner. The petitioner is also at liberty to verify the statement of account so furnished by the respondent Company and the petitioner undertakes that after verifying the same, if any amount is due against the loan, he will make the payment of the same accordingly, but in any case, refusal of Supurdagi to the petitioner by the Court below is neither in the interest of the petitioner nor in the interest of the [3] Company as the petitioner is entitled to earn money out of it. In view of the observations made herein above, this Court deem it proper to quash and set- aside the order impugned dated 21.07.2006 passed by the Additional Civil Judge (Jr. Division) & Judicial Magistrate No.12, Jaipur as also the order dated 08.08.2006 passed by the Revisional Court and direct the Judicial Magistrate No.12, Jaipur to release the truck in question i.e. RJ-14P-349 to the petitioner on furnishing solvent security to the satisfaction of the Court on 'Supurdaginama'. The respondent Company is at liberty to redress its grievance if the outstanding amount as informed by the Company, is not paid on account of default to make the payment of the outstanding amount for acquiring the truck in question seeking its possession. With these observations, the criminal misc. petition stands disposed of. (K.S. RATHORE)J. /KKC/