IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-3078 of 2008 Date of decision: 6th January, 2009 Rajbir Singh and another … Petitioners Versus State of Punjab and another … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Deepak Aggarwal, Advocate for the petitioners. Mr. Mehardeep Singh, Assistant Advocate General Punjab for the State. Mr. Tajender K. Joshi, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the State submits that in the present case report under Section 173 Cr.P.C. has been submitted. He has further drawn my attention to the fact that in the present case, charge has been framed against the petitioners under Section 406, 420 IPC. Though, it is a moot point, whether petitioners have committed any offence or not, mere acceptance of earnest money may not constitute any criminal offence. But since the charge has been framed, petitioners may take all arguments, available to them, before the trial Court at the appropriate stage. At this stage, no interference is warranted. However, personal appearance of the petitioners is exempted before the trial Court, subject to their filing an undertaking that they shall cause their appearance as and when required by the trial Court. They shall also file an undertaking that the evidence, if any, recorded in their absence but in the presence of Criminal Misc. No. M-3078 of 2008 their counsel, shall be binding upon them. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. Anything said herein shall not be construed as expression on merits of the case. Counsel for the petitioners, at this stage, submits that petitioners have also got a right to assail the order framing charge, by filing revision petition. Counsel may do so, if same is permissible. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE January 6, 2009 rps 2