Punjab-Haryana High Court
Bank Of Punjab Limited And Others vs Surjit Singh Sood And Another on 29 March, 2010
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Criminal Misc. No. 33278-M of 2003 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Misc. No. 33278-M of 2003
Date of Decision: 29.3.2010
Bank of Punjab Limited and Others
...Petitioners
Versus
Surjit Singh Sood and Another
...Respondents
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Pawan Girdhar, Advocate
for the petitioners.
None for respondent No.1.
Mr. Mehardeep Singh, Deputy Advocate
General, Punjab, for respondent No.2.
Kanwaljit Singh Ahluwalia, J. (Oral)
The Chief Judicial Magistrate, Jalandhar, has submitted a report that respondent No.2 Surjit Singh Sood, Advocate, who had instituted the complaint, has expired on 13.7.2009.
In view of this, interim order dated 29.7.2003 is vacated. The trial Court shall proceed with the trial. In case, no legal representative of the complainant comes forward to pursue the complaint, then the same shall be decided in accordance with the provisions of law. Otherwise, if some legal representative of the complainant comes to prosecute the petitioners, they will have a liberty to assail the order after impleading the legal representatives of complainant. Criminal Misc. No. 33278-M of 2003 2
Needless to say, the petitioners will be entitled to raise all the arguments including those which have been raised in the present petition.
The present petition is disposed of with liberty aforesaid. Since the complainant has expired and the present petition is pending in this Court since the year 2003, the personal appearance of petitioner Nos.2 to 13 is exempted before the trial Court subject to filing of an undertaking that they shall cause appearance as and when required and the evidence recorded in their absence but in the presence of their counsel shall be binding upon them. Learned trial Court may also specify any other condition in the undertaking to be furnished by the petitioners.
(Kanwaljit Singh Ahluwalia) Judge March 29, 2010 "DK"