Cr Misc 10114-M of 2008 1 Mr Avneesh Mittal, Advocate. Mr Aman Pal, Advocate. Heard. The present petition under Section 482 CrPC has been filed seeking quashing of the criminal complaint dated 27.4.2005 (Annexure P1) titled Sukaram Ispat Company v. Shantanu Aggarwal and also the summoning order dated 24.7.2007 (Annexure P2) passed by the learned SDJM Amloh and all subsequent proceedings pending therefrom. The case of the petitioner is that in respect of the goods that were supplied to the complainant-respondent, he was only a middle man. Learned counsel for the respondent-complainant disputes this and states that he was in fact the seller. In view of the disputed questions of facts involved, learned counsel for the petitioner submits that he shall raise his contentions as raised in the present petition before the learned trial Court itself at the appropriate stage. Therefore, it is submitted that he may be allowed to withdraw the criminal misc petition. However, it is prayed that his personal appearance before the learned trial Court be dispensed with as the petitioner is residing at Bombay. Learned counsel for the respondent has no objection to the personal appearance being dispensed with. However, it is submitted that the petitioner should be present on the dates where his presence is required by the Court. The stand taken is quite reasonable. Cr Misc 10114-M of 2008 2 In the circumstances, the present petition is dismissed as withdrawn. However, during the trial, the personal appearance of the petitioner shall remain dispensed with subject to the condition that he files an undertaking and furnishes necessary surety as also personal bond to the satisfaction of the learned trial Court to the effect that he shall remain present on the dates as may be required by the learned trial Court and that he shall appear on the other dates through his counsel. 7.1.2009 ( S.S.SARON ) ASR JUDGE