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2025 Supreme(Online)(P&H) 27121

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK BHOLA – Appellant
Versus
STATE OF HARYANA – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 09.02.2026 Deepak Bhola …Petitioner.

v.

State of Haryana …Respondent.

CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY.

Present: Mr. Harsh Sharma, Advocate for the petitioner.

Mr. Vikram Singh, AAG, Haryana.

Mr. Sanjot Singh Thind, Advocate for the complainant.

****

AARADHNA SAWHNEY, J. (Oral)

1. Petitioner, who is an accused in case FIR No. 102 dated 14.05.2022, registered against him for commission of offences under Sections 406, 420, 467, 468, 471, 102-B of Indian Penal Code, at Police Station Sector-20, Panchkula, has filed the present petition under Section

483 of BNSS for grant of bail.

2. Facts of the case as taken from para 3 of the status report filed by way of affidavit of Rakesh Kumar, HPS, Assistant Commissioner of Police, Panchkula, are reproduced as below:-

“3. That the brief facts of the instant case are that on 14.05.2020, a complaint bearing number 1532-PW, dated 29.11.2021, from Mr. Ajane Vijay Sinha, Chief Manager, Bank of India, Secto-20, Panchkula was received at the Police Station Sector-20, Panchkula through registered post. The complaint was directed against one Leena Dhir w/o Bal Kishan Dhir, R/o # 336, Sector-2, Panchkula, mobile no. 7814116688 and Deepak Bhola, Proprietor of M/s Shree Guru Nanak Jewellers, Shop number 34, Sector 9, Panchkula, mobile no. 9855226749 for the offences of cheating, fraud, forgery, criminal breach of trust, criminal conspiracy regarding one Gold Loan Account No. 67152110000086 and FTTL Loan against Gold Loan Account No. 671565810000004 with BANK OF INDIA is a body corporate constituted under The Banking Companies Acquisition and Transfer of Undertaking Act 1971 having its head office in Bandra Kurla, Plot number C-5, Bloc- 6, Mumbai, Maharashtra and it has its branches throughout India. One such branch is in SCO Number 290, Sector-20, Panchkula. In the year 2020, one accused namely Leena Dhir had approached the said Bank and applied for obtaining a gold loan. The bank accepted the said request and accordingly sanctioned a gold loan amounting to Rs.1,99,000/- (Rupees One Lakh Ninety Nine Thousand only) against the gold pledged by the said accused vide a sanction letter dated 29.2.2020. Before sanctioning the said gold loan, the complainant bank got the valuation done of the said pledged gold through their one empanelled gold valuer namely Deepak Bhola, Proprietor of M/s Shree Guru Nanak Jewellers, Shop number 34, Sector 9, Panchkula. The said accused Leena Dhir executed several loan documents in favour of the complainant bank. The sanctioned loan amount was then disbursed in one gold loan account number 671565810000004 against the aforesaid gold loan to the tune of Rs.10372/- (Rupees Ten Thousand Three Hundred Seventy Two only) vide a sanction letter dated 26.8.2020. That after obtaining the said loans, the accused Leena Dhir did not maintain financial discipline as regards the said loan account and consequently the said loan account was declared a NPA on 31.3.2021 pursuant to the RBI guidelines. Thereafter, the complainant bank got served a legal notice dated 22.7.2021 upon the accused Leena Dhir to settle the entire outstanding loan amount along with interest. However, the accused Leena Dhir failed to settle the said liabilities. That thereafter, the complainant bank started the process of auction with reference to the pledged gold in order to recover the outstanding dues. Before initiating the said process of auction, the complainant bank got carried out another valuation from one of their empanelled gold valuer Mr. Gurcharan Singh. It is worth mentioning here that the entire exercise performed by the said Mr. Gurcharan Singh was videographed who after examining it declared it to be fake. That above accused persons in connivance with each other have committed the offences of cheating, fraud, criminal breach of trust and criminal conspiracy against the complainant bank. The complainant bank had approached the accus

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