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2018 Supreme(P&H) 4680

ARVIND SINGH SANGWAN
Jatinder Singh @ Gagan – Appellant
Versus
Shavinder Kumar – Respondent


Advocates Appeared:
Vivek Gupta, Advocate, for the Appellant

JUDGMENT

Arvind Singh Sangwan, J. (Oral) - Prayer in this petition is for quashing of complaint bearing No.NACT/642 of 2017 dated 26.07.2017 (Annexure P1), filed under section 138 of the Negotiable Instruments Act, 1881 and all other subsequent proceedings arising therefrom.

2. Learned counsel for the petitioner, at the very outset, submits that he may be permitted to withdraw the present petition with liberty to the petitioner to move an application for discharge along with all the supporting documents and personal appearance of the petitioner before the trial Court may be exempted permanently during pendency of the trial in view of the judgment of the Hon'ble Supreme Court in " M/s Meters and Instruments Private Limited and another vs. Kanchan Mehta", 2017 (4) RCR (Crl.) 476.

3. After hearing learned counsel for the petitioner, this petition is disposed of, by granting exemption from personal appearance to the petitioner before the trial Court subject to the following conditions: -

    (i) he will be represented by a counsel;

    (ii) he will not delay/stall the proceedings of the trial Court;

    (iii) he will not dispute his identity as accused;

    (iv) he will have no objection if the prosecu

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