Mohd. Sabir v. Aamil Khan

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 1/2019 MOHD. SABIR .....Petitioner Through:

Mr. Varun Deswal & Mr. Danish Khan, Advs.

versus AAMIL KHAN .....Respondent Through:

Mr. Umang Tyagi, Mr. Roshan Lal, Ms. Nikita Anand & Ms. Adya Gupta, Advs.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 29.04.2025 CRL.L.P. 1/2019 1.

A Criminal Leave petition under Section 378(4) Cr.P.C has been filed on behalf of the Petitioner challenging the impugned judgment dated 23.06.2018 on the grounds that the learned Trial Court has failed to appreciate the evidence and that as per general practice no bank takes cheques for issuing ATM Card as stated by the Respondent in his Statement and also that the Respondent had admitted that the Complaint was lodged after three months of receiving the legal Notice. 2.

It is submitted that the complainant was consistent in his testimony. The learned Trial Court fell in error in putting the onus on the Complainant erroneously to prove that there was a legally recoverable debt, when in fact Section 131 Indian Evidence Act specifically provides that the onus is on the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/05/2025 at 16:06:49

accused to show that there was no legally recoverable debt. 3.

In view of the reasons stated, the leave to appeal is allowed. Crl.APP. No._______/2025 (To be numbered by the Registry) 4.

Submissions heard.

5.

Judgment reserved.

NEENA BANSAL KRISHNA, J APRIL 29, 2025/gs The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/05/2025 at 16:06:49