Criminal Misc. No.5131-M of 2005 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.5131-M of 2005 Date of decision : 4.9.2008 G. Sarvana Kumar ....Petitioner Versus M/s Pavit Infoways through its partner Sh. Shamsher Singh and another ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Kamal Sehgal, Advocate and Mr.Rajesh Hooda, Advocate for the petitioner Mr. Rajbir Singh, Advocate for respondent No. 1 S. D. ANAND, J. The petitioner-accused is facing a trial in pursuance of summoning order (Annexure P-4) which the learned Trial Court passed on perusal of the preliminary evidence in a plea filed by respondent no.1/complainant under Section 138 of the Negotiable Instruments Act. In the present plea, filed by the petitioner/accused to obtain quashment of the impugned proceedings, the plea raised is that he cannot be burdened with liability in respect of a cheque alleged to have been issued after his resignation, as a Director of the company, came to be accepted with effect from 13.11.2002. The controversy between the parties appears to be factual. A such like controversy can be disposed of only by the trial Court on appreciation of evidence which may be adduced by the respective parties Criminal Misc. No.5131-M of 2005 -2- *** before that Court. The petition shall stand dismissed. However, it is made clear that the petitioner would be at liberty to raise this plea ( and also any other plea which may be available to him in the context) before the learned Trial Court. It is made pointedly clear that the learned Trial Court, while appreciating evidence, shall not be fettered by the fact of dismissal of the present petition which is only for obtaining quashment and the plea is being declined only because the parties are in controversy on the factual front. In view of the verbal request made by learned counsel for the petitioner, it is directed that petitioner shall also be at liberty to apply for the grant of exemption from personal appearance. It will be for the learned Trial Court to pass whatever orders it deems fit as and when such a plea comes to be preferred before it. September 04, 2008 (S. D. ANAND) Pka JUDGE