Rajasthan High Court - Jaipur
Bakhtawar Singh vs S.I. Gajsingh on 24 March, 1952
Equivalent citations: 1953CRILJ149
ORDER
Atma Charan, J.C.
1. Heard the parties.
2. This is a complainant's application in revision from the order of the trial Court dismissing his complaint against the accused opposite-party under Section 203, Criminal P.C.
3. The case of the complainant is that the accused opposite-party obtained his motor-cycle bearing No. DLA 9705 under a false pretence and that lie then got it registered in his own name with the authorities concerned by dishonestly re-presenting to them that it had been purchased by him in some auction-sale at Delhi. The trial Court held that the dispute between the parties was of a civil nature and, as such, dismissed the complaint straightway under Section 203, Criminal P.C. The complainant has come up in revision from this order of the trial Court to the Court.
4. The trial Court in its order rightly writer to observe that 'dishonest intention is the gist of an offence punishable under Section 406, Penal Code.' It is accordingly just to be seen whether the accused opposite-party had any dishonest intention at the time, or not. The fact that the accused opposite-party got the motor-cycle registered in his own name soon after it had been delivered to him by dishonestly giving impression to the authorities concerned that it had been purchased by him in some auction-sale, any way, goes to show that dishonest intention might have been there and, in the circumstances, the complaint should not have been dismissed straightway but the trial of the case should have been proceeded with under Chedule XXI, Criminal P.C.
5. The application in revision accordingly is allowed, the order of the trial Court dismissing the complaint is set aside and the case is remanded for trial now by Mr. A.P. Dewan with the remark that he is not to get prejudiced one way or the other by any inadvertent observation that might have been made above.
6. It may further be mentioned here that the procedure re : the registration of motor vehicles hero appears to be quite defective and contrary to the practice as prevalent in the U.P., and the attention of the D.I.G. of Police is drawn thereto.