Crl.Misc.No.M-53414 of 2007 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-53414 of 2007. Decided on: March 17, 2010. Harbajan Singh .. Petitioner VERSUS Oriental Bank of Commerce .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.V.K.Sachdeva, Advocate, the petitioner. Mr.S.A.Sharma, Advocate, for the respondent. M.M.S. BEDI, J. (ORAL) After hearing the counsel for the petitioner as well as counsel for the respondent, it appears that controversy has to be settled on the basis of the material produced before the trial Court that whether petitioner has been incharge and responsible for the conduct of the business of the company or whether the offence has been committed with the consent and connivance of the petitioner or is attributable to him. It is also to be decided whether the matter would fall under Section 141 (1) of of the Negotiable Instruments Act or it would fall under Section 141 (2) of the Act. Counsel for the petitioner has contended that the petitioner had nothing to do with the main accused company, he having . . . 1 Crl.Misc.No.M-53414 of 2007 been retired on 29.03.1993. Counsel for the complainant-respondent relies upon Annexure R-1, a copy of Resolution passed by the Board of Directors of M/S Atma Tubes Private Limited, in their meeting held on 11.09.1995 wherein the petitioner Harbajan Singh has been given an authority on behalf of the company to operate bank account on behalf of the Company. Without entering into the disputed question of fact, this petition is disposed of with liberty to the petitioner to establish his defence in accordance with law. The only concession which can be granted to the petitioner is that in case he moves an application for exemption from personal appearance, the same would be allowed subject to any reasonable conditions imposed by the trial Court. It will be appreciated in case the trial is completed within a period of one year after the receipt pof a copy of this order. Disposed of. (M.M.S.BEDI) JUDGE March 17, 2010. rka . . . 2