Criminal Misc. No. M-5736 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-5736 of 2008 Date of Decision: 11.10.2010 Vinod Kumar Jain …Petitioner Versus Mukesh Matta and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Nand Lal Sammi, Advocate for the petitioner. None for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) In terms of the order dated 4.10.2010, the Court of Judicial Magistrate Ist Class, Kurukshetra, has submitted status report, wherein he has stated that notice of accusation was served upon the petitioner on 20.2.2008. Thereafter, the evidence of one witness of the complainant was recorded on 7.7.2008 and his evidence was closed on the same date. He has further stated that now the case is fixed for recording of the statement of accused under Section 313 Cr.P.C. He has also stated that further proceedings are not undertaken because this Court has stayed the final pronouncement of the judgment, vide order dated 4.3.2008. Since the complainant had closed his evidence and the case is fixed for recording of the statement of the accused, under Section 313 Cr.P.C., this Court is of the view that the trial must culminate into Criminal Misc. No. M-5736 of 2008 2 conviction or acquittal of the petitioner. Thus, this Court cannot come to the rescue of the petitioner. However, considering the fact that the impugned complaint (Annexure P3) was filed on 31.7.1999, 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. The trial Court is also directed to conclude the trial within a period of two months, from the date of receipt of a certified copy of this order. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge October 11, 2010 “DK”