IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-26545 of 2008 (O&M) Date of decision: 4th March, 2009 Ravinder Singh … Petitioner Versus M/s Singh Financers … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. G.C. Shahpuri, Advocate for the petitioner. Mr. R.S. Bajaj, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) In the present case, disputed questions of fact are involved, which can only be proved by adducing evidence. Counsel for the petitioner, at this stage prays that be may be permitted to withdraw the present petition to raise all arguments available to him under law, before the trial Court at appropriate stage. As prayed, dismissed as withdrawn, with liberty aforesaid. Counsel for the petitioner has stated that petitioner is facing prosecution in complaint filed under Section 138 of Negotiable Instruments Act and personal appearance of the petitioner is not necessary, as the evidence is to be given on the basis of affidavits. Otherwise also, counsel has submitted that petitioner is being unduly harassed. Taking into consideration the submissions made by the counsel for the petitioner, personal appearance of the petitioner, before the Criminal Misc. No. M-26545 of 2008 (O&M) trial Court, is exempted, subject to his filing an undertaking that he shall cause his appearance as and when required by the trial Court. He shall also file an undertaking that the evidence, if any, recorded in his absence but in the presence of his counsel, shall be binding upon him. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. [KANWALJIT SINGH AHLUWALIA] JUDGE March 4, 2009 rps