Ajaib Singh Saini And Others vs State Of Punjab And Another on 16 March, 2009

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


                    Criminal Misc. No. M-23320 of 2008
                     Date of decision: 16th March, 2009


Ajaib Singh Saini and others

                                                                ... Petitioners

                                   Versus

State of Punjab and another
                                                              ... Respondents

CORAM:        HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA


Present:      Mr. H.S. Grewal, Advocate for the petitioner.
              Mr. Mehardeep Singh, Assistant Advocate General Punjab for
              the State.
              Mr. K.S. Maangat, Advocate for respondent No.2.


KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Counsel for the petitioners has submitted that petitioner No.1

had sold the land, which is not in excess of his share. Counsel for the

petitioners has further submitted that sale effected by a partner of an

asset, which vested in a partnership firm, will not constitute any offence

and essentially it remains a civil dispute and the civil Court can determine

the liability of each partner, which can be quantified in monetary terms.

Mr. K.S. Maangat has stated that whether petitioner No.1 has

sold share of land in excess or less, is a matter of evidence. It has further

been submitted that the land sold by the petitioner No.1 was more

valuable, therefore, the liability whether any offence is made out or not, is

a question of fact and cannot be determined in a petition under Section

482 Cr.P.C.

Mr. Mehardeep Singh, Assistant Advocate General Punjab

has submitted that report under Section 173 Cr.P.C. (challan) has been
Criminal Misc. No. M-23320 of 2008 2

submitted and petitioners can raise all arguments before the trial Court at

the time of framing of charge.

Before this Court could comment on rival submissions

advanced, counsel for the petitioners has stated that petitioner No.1 is a

resident of Bombay. Counsel has further submitted, that he may be

allowed to withdraw the present petition to raise all arguments before the

trial Court at appropriate stage. Counsel for the petitioners has further

submitted that since dispute is essentially of civil nature, personal

appearance of the petitioners, before the trial Court, may be exempted.

Prayer of counsel for the petitioners is accepted and the

present petition is dismissed as withdrawn with liberty to raise all

arguments, available to the petitioners under law, before the trial Court, at

appropriate stage. However, keeping in view the submissions made by the

counsel, personal appearance of the petitioners before the trial Court,

shall remain 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
March 16, 2009
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