Criminal Misc. No.M-22787 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-22787 of 2008 Date of decision : 18.9.2008 Montu .....Petitioner Versus Kamaldeep ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: None S. D. ANAND, J. None has entered appearance on behalf of the petitioner inspite of two pass overs. The petitioner has applied for quashing of order (Annexure P- 2) which had been passed by the learned Trial Court, directing his summoning to face a trial for an offence under Section 138 of the Negotiable Instruments Act. The grievance of the petitioner, in the course of the petition, is that the impugned cheque had been signed by his father only and he has nothing at all to do with the issuance of the cheque. The plea was controverted in the course of the counter which contained a precise averment that petitioner was very much a signatory to the impugned cheque. In order to buttress his point, an adjournment has sought to place on record the copies of statements recorded by the court in preliminary evidence. That fact is noticed in order dated 12.11.2007 Criminal Misc. No.M-22787 of 2008 -2- **** passed by a Coordinate Bench of this Court. That order has not been complied with till date. The non compliance of that order and the non representation on behalf of the petitioner by any counsel today, cannot be used to compulsively extend the interim stay of proceedings in terms of order dated 20.4.2006 of a Coordinate Bench of this Court. In the light of the fore-going discussion, it is held that the petitioner has not been able to make out a case for the quashment of impugned summoning order. The petition is devoid of merit and is ordered to be dismissed. The stay order dated 20.4.2006 shall stand vacated. The vacation of stay order shall be communicated to the Court concerned forthwith. September 18, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter: Yes/No