Crl.Misc.No. M-22734 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. M-22734 of 2008 Date of Decision: 19 - 2 - 2009 Kirpal Singh .....Petitioner v. Balbir Singh Arora .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.M.K.Dogra, Advocate for the petitioner. Mr.Namit Gautam, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner has stated that the cheque on basis of which complaint under Section 138 of the Negotiable Instruments Act was filed, was issued and signed by Surinder Singh on behalf of the firm, namely, M/s Charan Singh Sadhu Singh. Counsel state that petitioner along with Surinder Singh was partner. He relied upon dissolution deed Annexure P1 to state that partnership firm was dissolved on 24.1.2007 and the cheque was issued on 21.7.2007. On the observations made by the Court as to when Registrar of firms was informed about dissolution, counsel is unable to answer this query. Further more counsel for the respondent has submitted that Crl.Misc.No. M-22734 of 2008 [2] dissolution deed was ante dated. In fact dissolution has been been arrived after issuance of cheque. These are disputed questions of fact which can only be determined by the trial Court after the leading of evidence. No interference is called for under Section 482 Cr.P.C.. Counsel for the petitioner has submitted that petitioner is aged 80 years, therefore, his personal appearance before the trial Court be exempted. I find merit in this contention of counsel for the petitioner. Personal appearance of the petitioner is exempted subject to furnishing an undertaking that he shall cause 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 also incorporate any other condition in the undertaking to be submitted by the accused. Petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) February 19, 2008. JUDGE RC