Crl. Misc. No. M-3051 of 2011 (O&M) (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-3051 of 2011 (O&M) DATE OF DECISION: 16.02.2011 M/s Creative Enterprises ..........Petitioner Versus M/s Possible Automobiles Pvt. Ltd. and others ..........Respondents BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present:- Mr. Maninder Arora, Advocate for the petitioner. **** DAYA CHAUDHARY, J. Crl. Misc. No. 8924 of 2011 Application is allowed as prayed for. Crl. Misc. No. 8923 of 2011 This is an application for placing on record zimni orders vide Annexure P-4. Application is allowed and zimni orders are taken on record. Crl. Misc. No. 5639 of 2011 Application is allowed as prayed for. Crl. Misc. No. M-3051 of 2011 The present petition under Section 482 Cr.P.C. has been filed for issuing directions to the trial Court to expedite the trial of complaint case No. 189 of 17.3.2009 filed by the petitioner under Section 138 of Negotiable Instruments Act, 1881, pending in the Court of JMIC Chandigarh. Crl. Misc. No. M-3051 of 2011 (O&M) (2) Learned counsel for the petitioner contends that the complaint is pending before the trial Court and as earlier respondent No.2 has filed a petition bearing Crl. Misc. No. M-23058 of 2010 before this Court for quashing of complaint, which was dismissed as withdrawn but the personal appearance of respondent No.2 was exempted, the case is being adjourned on various dates. Learned counsel for the petitioner further submits that there is no other reason for adjournment and because of that reason even the charges have not been framed and the accused persons are intentionally delaying the proceedings of the complaint, whereas, the petitioner is attending the Court proceedings regularly. Heard the arguments of learned counsel for the petitioner and have also gone through the zimni orders as well as other documents available on record. Although petition for quashing of complaint filed by respondent No.2 was dismissed as withdrawn but the order for exemption from personal appearance was passed by this court. It is for the trial Court to have an undertaking from respondent No.2 with regard to recording of the statements and other proceedings in presence of his counsel appearing before the trial Court so that proceedings may not be delayed. Accordingly, the present petition is disposed of with a direction to the trial Court to have an undertaking from respondent No.2 that the proceedings would be initiated in absence of respondent No.2 and in presence of his counsel appearing before the trial Court. February 16, 2011 (DAYA CHAUDHARY) pooja JUDGE Note:-Whether this case is to be referred to the Reporter .......Yes/No Crl. Misc. No. M-3051 of 2011 (O&M) (3)