Criminal Misc. No. M-50013 of 2007 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-50013 of 2007 Date of Decision: 18.4.2011 Ravinder Kumar alias Titu …Petitioner Versus State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sant Pal Singh Sidhu, Advocate for the petitioners. Mr. B.S. Sra, Additional Advocate General, Punjab, for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 67 dated 2.4.2004, registered at Police Station Sadar Malout, District Muktsar, under Section 406 IPC along with all the subsequent proceedings. The petitioner has been named as accused in the above said case. He was entrusted with paddy by respondent No.2. The argument that the transaction between the complainant and the petitioner was civil in nature in other similar cases was rejected by the two Co-ordinate Benches of this Court. Aggrieved against the same, the petitioner in those cases had filed Special Leave Petitions in the Hon'ble Apex Court. Criminal Misc. No. M-50013 of 2007 2 A perusal of the order sheet reveals that notice of motion was issued on 1.11.2007 and the case was adjourned to various dates to await the orders of the Hon'ble Supreme Court. On 18.11.2010, the Co- ordinate Bench had ordered that the trial may continue but final order may not be passed during the pendency of the present petition. Mr. Sant Pal Singh Sidhu, Advocate, appearing for the petitioner, has very fairly submitted that the Special Leave Petitions were dismissed by the Hon'ble Supreme Court and the proposition of law settled by this Court was upheld. In view of this, learned counsel for the petitioner submits that the petitioner be permitted not to pursue the present petition and liberty be granted to him to raise all the arguments before the trial Court at appropriate stage. Mr. Sidhu has further submitted that the present case pertains to the year 2004 and the petitioner is suffering a long drawn litigation and therefore, his presence before the trial Court may be exempted. I find merit in the alternate submission made by learned counsel for the petitioner. As prayed, the present petition is dismissed as withdrawn with the liberty aforesaid. Taking into consideration long pendency of the present petition before this Court, the petitioner is granted exemption from personal appearance before the trial Court subject to filing an undertaking 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 petitioner. On the Criminal Misc. No. M-50013 of 2007 3 furnishing of undertaking, the personal appearance of petitioner shall stand exempted. (Kanwaljit Singh Ahluwalia) Judge April 18, 2011 “DK”