IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.M-8733 of 2009 (O&M) Date of Decision 18.04.2009 Tarsem Kumar and another ......Petitioners VERSUS State of Punjab ......Respondent CORAM:- HON'BLE MR. JUSTICE PRITAM PAL Present: Mr.Sushil Saini, Advocate, for the petitioners. Mr.Abhishek Chautala, A.A.G., Punjab, for the respondent-State. Mr.R.S.Bajaj, Advocate, for the complainant. ***** PRITAM PAL, J(ORAL): Petitioners have brought this petition under Section 438 of the Code of Criminal Procedure for seeking anticipatory bail in case F.I.R.No.35 dated 10.03.2009 under Sections 406/ 420 I.P.C., registered at Police Station Division No.2, Jalandhar. The shops of the petitioners are adjourning to the shop of the complainant, who is running a shop of gold smith. Petitioners are alleged to have taken a quantity of 731 grams of gold from the shop of the complainant on the pretext that they have got customer and they would sell the same to him. However, lateron neither any sale consideration of the aforesaid quantity of gold was given to the complainant nor the gold was returned, which was taken by the petitioners. A photo copy of the receipt dated 31.03.2008 has also been placed on the file, during the course of arguments, by learned counsel for the complainant, which indicates that petitioner No.1-Tarsem Kumar Jain had signed the same in token of the Criminal Misc.No.M-8733 of 2009 (O&M) -2- receipt of the aforesaid gold from Krishan Lal Jain-complainant in this case. However, all these allegations are denied by learned counsel for the petitioners and further it is also argued that infact the other son of petitioner No.1 namely Robin, was having dealings with the complainant and not any of the petitioners. The aforesaid receipt is also denied to have been signed by petitioner No.1. Be that as it may, it is well settled that the provisions of Section 438 Cr.P.C. are to be invoked sparingly and in exceptional circumstances which are lacking in the instant case. Hence this petition is dismissed. April 18, 2009 (PRITAM PAL) mamta-II JUDGE