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High Court of Punjab and HaryanaCRM-M/68606/2025allowed

Gurinder Singh Saini v. Ut Chandigarh

2026-03-06Mr. Justice Vinod S. Bhardwaj2 pages

     

              CRM-M-68606-2025 



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 GURINDER SINGH SAINI  



       UNION TERRITORY CHANDIGARH  

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 #  " -  Learned state counsel submits that even though the petitioner has joined the investigation, however, the recovery of the gold bangle (Kada) is yet to be effected. He contends that a case has been set up by the petitioner that he had taken away gold kada against the amount payable to VISHAL SHARMA 2026.03.07 13:30 I attest to the accuracy and integrity of this document

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"1  *   him by the complainant under the Kitty Scheme whereas the accounts of the complainant show that there was no amount payable by the complainant to the petitioner.

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I have heard learned counsel for the parties and have gone through the documents appended alongwith the present petition. 5.

So far as the question of recovery of gold articles is concerned, the petitioner has himself made a statement before this Court admitting and acknowledging therein that he had taken away the gold kada since the complainant owed him money against the said Kitty scheme. 6.

In circumstances when there is no dispute to the articles having been taken away by the accused, the necessity of seeking custodial detention for recovery of the said article would be irrelevant. 7.

The next issue which survives is with respect to re-conciliation of the books of account and the contesting claims of the petitioner and the complainant. The same being a part of commercial transaction is required to be established during the trial and it would not require any custodial interrogation of the petitioner at this stage. 8.

In view of the above, the interim order dated 05.12.2025 is made absolute and the present petition is allowed. 9.

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