Crl.Misc. No.M-7203 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-7203 of 2008 Date of Decision: 7 - 5 - 2010 Satinder Kumar .....Petitioner v. Aminder Malik and another .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Dinesh Ghai, Advocate for the petitioner. None for respondent No.1. Mr.Manish Deswal, DAG, Haryana for respondent No.2. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The grievance of the petitioner is that the impugned complaint titled `Satinder Kumar v. Aminder Malik' is a counter blast to the earlier proceedings initiated by respondent No.1. Petitioner has been summoned to stand trial for offence under Sections 420, 506 IPC. In the present petition, disputed question of facts are involved which cannot be determined in a petition preferred under Section 482 Cr.P.C. The parties have to prove the facts, pleaded in the present petition by leading evidence before the trial Court at an appropriate stage. Crl.Misc. No.M-7203 of 2008 [2] At this stage, counsel for the petitioner submits that personal appearance of the petitioner be exempted and the trial Court be directed to conclude the trial within a specified time. I find merit in the submission made by the counsel for the petitioner. The impugned complaint was filed in the year 2006. Taking into consideration long pendency of the complaint, personal appearance of the petitioner is exempted subject to furnishing an undertaking that he shall cause appearance as and when required by the trial Court. He shall also file an undertaking that the evidence, if any, recorded in his absence but in the presence of his counsel shall be binding upon him. The trial Court may incorporate any other condition in the undertaking to be submitted by him. The trial Court is also directed to conclude the trial within one year from the date of receipt of a certified copy of this order. With the aforesaid observations, the present petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) May 7, 2010. JUDGE RC