Criminal Misc. No. M-5985 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-5985 of 2009 Date of Decision: 3.3.2009 Kanshi Ram Narula …Petitioner Versus Ramesh Kumar …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. M.K.Dogra, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The version projected by the present petitioner for quashing of complaint under Section 138 of the Negotiable Instruments Act (Annexure P3) cannot be appreciated in a petition under Section 482 Cr.P.C. as disputed questions of facts are involved. At this stage, counsel for the petitioner states that he be permitted to withdraw the present petition with liberty to raise all arguments before the trial Court, at appropriate stage. As prayed, the present petition is dismissed as withdrawn with liberty aforesaid. Counsel for the petitioner further submits that the petitioner is residing at Lucknow and he has to come on each & every date from Lucknow to Amritsar to attend the proceedings. Hence, he has prayed that personal appearance of petitioner be exempted before the trial Criminal Misc. No. M-5985 of 2009 2 Court. I find merit in the alternate submission of counsel for the petitioner. Accordingly, personal appearance of the petitioner is exempted 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 furnishing of undertaking, the personal appearance of petitioner shall stand exempted. (Kanwaljit Singh Ahluwalia) Judge March 3, 2009 “DK”