Judgment:
IN THE HIGH COURT OF KERALAATERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY,THE 19TH DAYOF JULY 2013 28TH ASHADHA, 1935 Crl.MC.No. 35 of 2009 ( ) -------------------------- AGAINST THE ORDER IN CMP 3618/2008 & 3781/2008 of J.M.F.C.-II, NEYYATTINKARA DATED09-05-2008 PETITIONER/CLAIM PETITIONER IN CMP 3781/2008 : -------------------------------------------------------------------------- SUNESH.S.V, SR. FIELD EXECUTIVE SHRIRAM TRANSPORT FINANCE COMPANY LTD., 4TH FLOOR CAPITOL CENTRE, STATUE, THIRUVANANTHAPURAM. BY ADVS.SRI.R.BINDU (SASTHAMANGALAM) SRI.R.JAYAKRISHNAN RESPONDENT/CLAIM PETITIONER IN CMP NO.3618/08 & STATE : --------------------------------------------------------------------------------------------- 1. SALIMEN, S/O. MUTHUNAYAKAM, AYANITHOTTAM VEEDU, PULLANTHERI KUNNATHUKAL VILLAGE, NEYYATINKARA.
2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R BY PUBLIC PROSECUTOR SRI.SREEJITH.V.S THIS CRIMINAL MISC. CASE HAVING BEEN FINALLYHEARD ON 19-07-2013, THE COURT ON THE SAME DAYPASSED THE FOLLOWING: AV Crl.MC.No. 35 of 2009 ( ) APPENDIX PETITIONER'S ANNEXURES : ANNEXURE I : TRUE COPY OF THE AGREEMENT DTD.1.2.07 ENTERED INTO SHRIRAM TRANSPORT FINANCE COMPANY LTD. AND THE 1ST RESPONDENT ANNEXURE II : TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, NEYYATTINKARA 9 5-2008 RESPONDENTS' ANNEXURES : NIL /TRUE COPY/ P.ATO JUDGE AV B. KEMAL PASHA, J ------------------------------------ Crl.M.C.No. 35 of 2009 ----------------------------------- Dated this the 19th day of July, 2013 ORDER
The petitioner is challenging order dated 09.05.2008 passed by the Judicial First Class Magistrate Court-II, Neyyattinkara in C.M.P.Nos.3618/2008 and 3781/2008 of the Parassala Police Station. The said petitions filed under Section 451 of the Code of Criminal Procedure were in respect of the interim custody of lorry, bearing Registration not KL02 H-617.
2. The registered owner of the said lorry had allegedly affixed a false registration number to the lorry and forged a registration certificate for it and made use of the same as genuine. The said lorry was put to use with the said false registration number affixed on it, on the basis of the forged registration certificate. The Sub Inspector of Police, Parassala registered Crime No.477/2007 and seized the lorry in the crime and produced the same before the court below. The said lorry was originally the subject matter of hypothecation agreement, executed by the said registered owner, in favour of Shriram Transport Finance Company Ltd., Crl.M.C.No. 35 o”
2. Trivandrum. The present petitioner is the Senior Field Executive of the said financing company. The registered owner as well as the financing company claimed interim custody of the vehicle under Section 451 of the Code of Criminal Procedure. The court below has chosen the registered owner, as the person who is entitled to the proper custody of the vehicle and released the vehicle to his custody through the impugned order, on execution of a bond for Rs.7,00,000/-, with two solvent sureties for the like sum each.
3. The learned counsel for the petitioner has fairly conceded that the transaction involved is not a hire purchase transaction, whereas, it is only a hypothecation. The loan was granted on the security of the vehicle. Of course, in such a case, it is true that the petitioner can claim the sale of the vehicle through legal proceedings. It cannot be said that the said financing company is the owner of the vehicle as the transaction involved is not a hire purchase transaction.
4. The learned counsel for the petitioner has pointed Crl.M.C.No. 35 o”
3. out that the financing company, as petitioner, had preferred A.R.C.No.25/07 and an award has already been passed in favour of the financing company. In such a case, the said award can be put in execution before the District Court, Trivandrum, so that the petitioner financing company can legally claim for an attachment of the vehicle involved. With the said observations, I am of the view that this Crl.M.C. can be closed. In the result, this Crl.M.C. is closed with the above said observations. Sd/- B. KEMAL PASHA, JUDGE AV