Criminal Misc. No. M-6520 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh Criminal Misc. No. M-6520 of 2008 Date of Decision: 9.12.2011 Kusum Jindal and Others ... Petitioners Versus State of Punjab and Another ... Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. B.S. Bhalla, Advocate for the petitioners. Mr. S.S. Chandumajra, Deputy Advocate General, Punjab, for respondent No.1. None for respondent No.2. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No. 126 dated 12.8.1996, registered at Police Station Zira, District Ferozepur, under Sections 409 and 34 IPC along with all subsequent proceedings. In the present petition, an argument has been raised that since an agreement between the petitioners and Paddy Supplier contained arbitration clause, the petitioners cannot be fastened with criminal liability. Learned counsel for the petitioners submits that two Co-ordinate Single Benches of this Court have considered the grounds/arguments Criminal Misc. No. M-6520 of 2008 2 taken in the present petition and held that criminal prosecution is not barred. Learned counsel further submits that Special Leave Petitions, filed against the judgments, have been dismissed. Therefore, learned counsel submits that he be permitted to withdraw the present petition with a liberty to raise all the arguments, available to him, before the trial Court at an appropriate stage. As prayed, dismissed as withdrawn with the liberty aforesaid. However, learned counsel for the petitioner submits that since FIR, in the present case, was registered in the year 1996 and a period of more than 15 years is going to elapse, therefore, personal appearance of the petitioners, before the trial Court, may be exempted. Taking long pendency of the trial into consideration, I find merit in the subsequent prayer made by learned counsel for the petitioners. Accordingly, personal appearance of the petitioners is exempted before the trial Court subject to filing an undertaking that they will cause appearance as and when required and the evidence recorded in their absence but in the presence of their counsel shall be binding upon them. Trial Court may also specify any other condition in the undertaking to be furnished by the petitioners. (Kanwaljit Singh Ahluwalia) Judge December 9, 2011 “DK”