Criminal Misc. No. M-31891 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-31891 of 2009 (O&M) Date of decision : 25.11.2009 Upkar Singh ....Petitioner V/s M/s Gautam Enterprises ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. Puneet Singla, Advocate for Mr. Sandeep S. Majithia, Advocate for the petitioner. RAJAN GUPTA J. (ORAL) Criminal Misc. No. 57668 of 2009 This is an application for placing on record photocopies of Annexures P-2 and P-4. The application is allowed as prayed for. Photocopies of Annexures P-2 & P-4 are taken on record. Criminal Misc. No. M-31891 of 2009 Prayer in this petition filed under Section 482 of the Code of Criminal procedure is for quashing of the complaint No. 81 dated 23.02.2008 filed under Sections 138 of Negotiable Instruments Act, 1938 and Section 417/420 of the Indian Penal Code and the summoning order dated 23.02.2008, passed by the Judicial Magistrate Ist Class, Amritsar. After arguing at some length, learned counsel for the petitioner submits that he may be allowed to withdraw the present petition with liberty to the petitioner to raise all his pleas before the trial court. He, however, prays that the personal appearance of the petitioner before the trial court Criminal Misc. No. M-31891 of 2009 (O&M) 2 may be exempted and may be allowed to appear through his counsel. Dismissed as withdrawn with liberty as aforesaid. It is, however, directed that in case an application is moved by the petitioner for exemption of his personal appearance, the same shall be considered by the trial court in accordance with law. The trial court may exempt the personal appearance of the petitioner and allow him to appear through his counsel, except on material dates when it is absolutely necessary. This, however, will be subject to such terms and conditions as the trial court may deem fit to impose. 25.11.2009 (RAJAN GUPTA) Ajay JUDGE