Criminal Misc. No. M- 32296 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M- 32296 of 2008 Date of Decision: 22.4.2009 M/s Dosch Pharmaceuticals (P) Ltd. and Another …Petitioners Versus M/s Shivek Labs Limited …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Akshay Bhan, Advocate for the petitioners. Mr.Rahul Chhatwal, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been preferred under Section 482 Cr.P.C. seeking quashing of complaint titled as M/s Shivek Labs Limited v. M/s Dosch Pharmaceuticals (P) Ltd” (Annexure P2) with all consequential proceedings. Counsel for the petitioners states that he be permitted to withdraw the present petition to raise all arguments before the trial Court at appropriate stage. As prayed, the present petition is dismissed as withdrawn. However, counsel for the petitioners further submitted that since the present complaint is under Section 138 of Negotiable Instruments Act, company and its Director are being prosecuted, Criminal Misc. No. M- 32296 of 2008 2 therefore, their personal appearance be exempted before the trial Court. Mr. Rahul Chhatwal, Advocate, appearing for the respondent- complainant has no objection in case personal appearance of the petitioners is granted, and present petition as ordered is dismissed as withdrawn. Accordingly, personal appearance of the petitioners is exempted before the trial Court subject to filing an undertaking by authorized representative of the company that he shall cause appearance as and when required and the evidence recorded in his absence but in the presence of his counsel shall be binding upon him. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioners. On the furnishing of undertaking, the personal appearance of petitioners shall stand exempted. (Kanwaljit Singh Ahluwalia) Judge April 22, 2009 “DK”