1 2025:CGHC:6669 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 465 of 2025 Cholamandalam Investment And Finance Company Ltd. Branch Office - Opposite Hi Tech Hospital, Nehru Nagar West G.E. Road, Bhilai Civil And Revenue District - Durg (C.G.). ... Petitioner versus 1 - State Of Chhattisgarh Through P.S. Simga District Baloda Bazar (C.G.). 2 - Mohit Kumar Sahu S/o Ramkumar Sahu Aged About 21 Years R/o Village - Kapa, P.S. Kawardha, Dist. - Kabirdham (C.G.). ... Respondent ------------------------------------------------------------------------------------------------------------- For Petitioner : Mr. Mukesh Sharma, Advocate For State : Ms. Laxmin Kashyap, Panel Lawyer ------------------------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 05.02.2025 1. With the consent of learned counsel for the respective parties, the matter is heard finally. 2. The present petition has been preferred by the petitioner under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, being aggrieved by the order dated 15.10.2024 passed in Criminal Revision no. 24/2024 by the learned Additional Sessions Judge, Bhatapara, District Baloda Bazar for Supurdnama of Vehicle bearing registration no. CG 04 PA 0357. 3. Brief facts of the case is that the petitioner company provided a loan to Respondent no. 2 for Bharat Benz Commercial Truck 4828 2 bearing registration no. CG 04 PA 0357 vide loan agreement no. XVFPKHF0000518549, amount disbursed on 22.11.2022 for a tenure of 59 months. Respondent no. 2 made a complaint before the Superintendent of Police, Baloda Bazar. Upon which a notice was served under Section 91 of the Criminal Procedure Code to the petitioner vide order dated 18.06.2024 (Annexure P-04). Thereafter, petitioner moved an application under Section 457 of Criminal Procedure Code before the court of Judicial Magistrate, Simga for receiving vehicle on supurdnama on 29.06.2024 which was registered as MJC No. 94/2024 and was allowed vide order dated 04.07.2024 (Annexure P-05 and P-06). Being aggrieved by the order dated 04.07.2024 respondent no. 2 moved an application under Section 457 of Criminal Procedure Code before the Court of Judicial Magistrate,Simga which got dismissed vide order dated 10.07.2024. Upon which respondent preferred an revision petition under section 397 and 399 of the Code of Criminal Procedure before the court of Additional Sessions Judge, Bhatapara, District Baloda Bazar (C.G.) which was allowed (Annexure P-01). Hence this petition. 4. Learned counsel for the Petitioner would submit that the when vehicle was taken into possession four installments were due, and thereafter no installment has been paid by respondent no. 2 till date. Revision court has not imposed any condition for the payment of the installments due on respondent no. 2 and has directed to deliver vehicle to respondent no. 2 without considering the interest of the petitioner. Hence he prays for giving direction to 3 respondent no. 2 to pay all the remaining installments within a prescribed period of time. 5. Per contra, learned counsel for the State opposes the prayer made by the learned counsel for the petitioner. 6. I have heard learned counsel for both the respective parties and perused the impugned order/s with utmost circumspection. 7. Trial Court vide order dated 15.10.2024 stated that respondent no. 2 has submitted an affidavit expressing readiness to pay the installment of the said vehicle. In such circumstances the respondent no. 2 is required to pay the interest on the vehicle purchased by respondent no. 2 from petitioner. Trial Court further directed to hand over the seized vehicle to respondent no. 2 by determining the amount of delivery deed and necessary conditions. 8. On bare perusal of the impugned order dated 15.10.2024, it is evident that respondent no. 2 was willing to pay the installments but did not mentioned that in how many installments and in how much time will the balance amount to be paid by the respondent no. 2 to the petitioner. 9. Looking to the peculiar facts and circumstances of the case and also looking to the fact that no direction was made with respect to the time frame in which the installment to be paid to the petitioner, this court directs the respondent no. 2 to pay the remaining balance amount in 19 equal installments in 19 months from the date of receipt of copy of this order. It is noteworthy that the 4 possession of the said vehicle bearing registration no. CG 04 PA 0357 will be retained. 10. With the aforesaid direction the instant petition is disposed of. sd/- (Arvind Kumar Verma) Judge alfiza