High Court of Punjab and Haryana, Chandigarh
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Sukhjinder Singh Randhawa v. Kapcom Technologies Pvt. Ltd. - CRM-21242-m-2005  RD-P&H 3270 (18 May 2006)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. 21242-M of 2005
Date of decision: May 24, 2006.
Sukhjinder Singh Randhawa
Kapcom Technologies Pvt. Ltd.
Present: Shri DPS Kahlon, Advocate for the petitioner.
Shri Anil Kshetarpal, Advocate for the respondent.
Surya Kant, J. (Oral)
In this petition under section 482 Cr.P.C., the petitioner seeks quashing of a criminal complaint (Annexure P-1) filed under sections 138 and 142 of the Negotiable Instruments Act.
Notice of motion was issued and in response thereto reply has been filed on behalf of the respondent-company.
After hearing Learned Counsel for the parties, and having regard to the fact that disputed questions of fact are involved in this petition, the same is disposed of with the following directions:- (i)the petitioner will be at liberty to raise all and any other pleas before the learned trial court at an appropriate stage and the same shall be taken into consideration in accordance with law;
(ii) having regard to the nature of proceedings, the Crl. Misc. No. 21242-M of 2005 -: 2 :-
petitioner, if so advised, may move an application to grant him exemption from personal appearance subject to the condition that:- (i) will be represented through counsel; (ii) will not delay/stall the trial proceedings; (iii) will not dispute his identity as accused; and (iv) will have no objection if the prosecution evidence is also recorded in his absence but in the presence of his counsel; (iii) if any such application is moved by the petitioner, the learned trial court is directed to grant him exemption from personal appearance subject, however, to any such other conditions which it may like to impose upon him.
May 24, 2006. [ Surya Kant ]
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