Punjab-Haryana High Court
Ramesh Chander And Anr vs M/S Jmd Industries on 18 September, 2019
Author: Rajbir Sehrawat
Bench: Rajbir Sehrawat
Sr. No.205
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-8480-2017(O&M)
Date of decision:18.09.2019
Ramesh Chander and another
......Petitioners
versus
M/s JMD Industries
.......Respondent
Coram: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
Present: Mr. Rahul Rampal, Advocate
for the petitioners.
Mr. Naresh Dilawari, Advocate
for the respondent.
Rajbir Sehrawat, J(Oral)
Present petition has been filed seeking quashing of the Criminal Complaint No.202/2016, dated 18.07.2014 titled as M/s JMD Industries versus Megaa Bakers Pvt. Ltd and others, filed under Section 138 of Negotiable Instruments Act vide which the present petitioner has been summoned.
Reply on behalf of the respondent has been filed and the same is taken on record.
After arguing for some time, learned counsel for the petitioner submits that he be permitted to withdraw the present petition with liberty to take all the legally available pleas before the Trial Court. It is further submitted that since the petitioner has to travel from a long distance to attend the proceedings, therefore, Trial Court be directed to exempt the personal appearance of the petitioner.
Learned counsel for the Complainant submits that the 1 of 2 ::: Downloaded on - 07-10-2019 12:41:34 ::: CRM-M-8480-2017(O&M) -2- complainant also does not have any objection, if the personal appearance of the petitioner is exempted by the Trial Court. However, for that purpose he would be required to move an appropriate application before the Trial Court only.
In view of the above, present petition is dismissed as withdrawn with liberty aforesaid.
However, the Trial Court is requested to consider the application of the petitioner for personal exemption, sympathetically, if the same is filed by the petitioner before the Trial Court.
18th September, 2019 [RAJBIR SEHRAWAT]
Shivani Kaushik JUDGE
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
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