High Court of Punjab and Haryana, Chandigarh
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M/s P.D. Vyas Marketing (P) Ltd. & Ors. v. M/s Electrolux Kelvinator Ltd. - CRM-41775-m-2005  RD-P&H 3273 (18 May 2006)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. 41775-M of 2005
Date of decision: May 24, 2006.
M/s P.D. Vyas Marketing (P) Ltd. & Ors.
M/s Electrolux Kelvinator Ltd.
Present: None for the petitioner.
Shri Tejinder Singh, Advocate for the respondent.
Surya Kant, J. (Oral)
In this petition, challenge is to the order dated 12th February,
2005 passed by the learned Judicial Magistrate First Class, Gurgaon whereby the petitioners have been declined exemption from personal appearance in a criminal complaint under section 138 of the Negotiable Instruments Act.
Notice of motion was issued and vide an order dated 20th September, 2005, the petitioners were exempted from appearance subject to their filing an affidavit with an undertaking that they shall appear before the trial court as and when directed.
After hearing Learned Counsel for the respondent, and having regard to the nature of proceedings pending against the petitioners, this petition is disposed of with a direction to the learned trial court to grant exemption to the petitioners No.2 to 4 from personal appearance subject to Crl. Misc. No. 41775-M of 2005 -: 2 :-
the following conditions:-
(i)the petitioners shall nominate an authorized representative, who shall appear on their behalf before the trial court in the complaint;
(ii) petitioners No.2 to 4 shall be represented through counsel; (iii) they shall not dispute their identity as accused; (iv) they shall have no objection if the evidence is recorded in their absence;
(v) they shall appear before the trial court as and when directed by it;
(vi) they shall abide by any other conditions, which the trial court may imposed upon them.
May 24, 2006. [ Surya Kant ]
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