IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-8744 of 2008 Date of decision: 12th January, 2009 Swaran Sayal and others … Petitioners Versus Kashmir Singh … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None for the petitioners. Mr. Jasjit Singh, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Disputed questions of fact are involved. Whether the petitioners have been falsely implicated or not, can only be determined, after the evidence is led by them in support of the averments made in the present quashing petition. Therefore, no ground is made out for quashing the complaint (Annexure P-1) and the summoning order (Annexure P-2), while exercising jurisdiction under Section 482 Cr.P.C. However, taking into consideration the fact that the complaint was instituted in year 2006, personal appearance of the petitioners, before the trial Court, is exempted, 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 their counsel, shall be binding upon them. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE January 12, 2009 rps