IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-23320 of 2008 Date of decision: 16th March, 2009 Ajaib Singh Saini and others … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. H.S. Grewal, Advocate for the petitioner. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. Mr. K.S. Maangat, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioners has submitted that petitioner No.1 had sold the land, which is not in excess of his share. Counsel for the petitioners has further submitted that sale effected by a partner of an asset, which vested in a partnership firm, will not constitute any offence and essentially it remains a civil dispute and the civil Court can determine the liability of each partner, which can be quantified in monetary terms. Mr. K.S. Maangat has stated that whether petitioner No.1 has sold share of land in excess or less, is a matter of evidence. It has further been submitted that the land sold by the petitioner No.1 was more valuable, therefore, the liability whether any offence is made out or not, is a question of fact and cannot be determined in a petition under Section 482 Cr.P.C. Mr. Mehardeep Singh, Assistant Advocate General Punjab has submitted that report under Section 173 Cr.P.C. (challan) has been Criminal Misc. No. M-23320 of 2008 submitted and petitioners can raise all arguments before the trial Court at the time of framing of charge. Before this Court could comment on rival submissions advanced, counsel for the petitioners has stated that petitioner No.1 is a resident of Bombay. Counsel has further submitted, that he may be allowed to withdraw the present petition to raise all arguments before the trial Court at appropriate stage. Counsel for the petitioners has further submitted that since dispute is essentially of civil nature, personal appearance of the petitioners, before the trial Court, may be exempted. Prayer of counsel for the petitioners is accepted and the present petition is dismissed as withdrawn with liberty to raise all arguments, available to the petitioners under law, before the trial Court, at appropriate stage. However, keeping in view the submissions made by the counsel, personal appearance of the petitioners before the trial Court, shall remain exempted, subject to their filing an undertaking that they shall cause their appearance as and when required by the trial Court. They shall also file an undertaking that the evidence, if any, recorded in their absence but in the presence of their counsel, shall be binding upon them. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 16, 2009 rps 2