Nirvan Singh Makan v. State Of NCT Of Delhi & ANR.

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2649/2024 & CRL.M.A. 25994/2024 NIRVAN SINGH MAKAN .....Petitioner Through:

Mr. J.P. Sengh, Sr. Advocate along with Mr. Dinesh Priani and Sachin Bhardwaj, Advocates versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Anand V Khatri, ASC (Crl.) for the State with SI Sundar, P.S. South Campus, SI Amit Saw, P.S. Tilak Nagar Ms. Diya Kapur, Sr. Advocate alongwith Mr. Sandeep Goel, Mr.

Raghav Kumar & Mr. Aditya Ladha, Advocates for Respondent No.2.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 20.02.2025 1.

The present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs: - a) Allow the present petition & set aside the Order dated 20/02/2024 passed by the Court of Shri Anurag Chhabra, Metropolitan Magistrate, NI Act-03, Patiala House Courts, New Delhi in the Ct. Cases No. 7095/2019 titled "Abhi Chopra Versus Nirvan Singh Makan" under section 138 Negotiable Instruments Act of dismissal of Application filed on behalf of Petitioner / Accused under Section 311 Cr.P.C. read with 315 Crpc for permission to examine Petitioner The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

himself as a Defence Witness and b) Permit the Petitioner to examine himself as a defence witness 2.

Learned Senior Counsel for the Petitioner states on instructions that the Petitioner limits the relief sought in the present petition and Petitioner would be satisfied if this Court directs in its order, that the Trial Court will consider the probative value of receipt dated 08.06.2017 (Ex. CW-1/DX2) at the time of final arguments and its effect if any to be decided in accordance with law. 2.1 He states that the said receipt was put to the complainant during cross-examination and has been marked as Exhibit CW-l/DX2. He states that the receipt bears the signatures of the Petitioner (Nirvan Singh Makan) herein. 3.

In response, learned Senior Counsel for the Respondent states on instructions that the Respondent disputes the genuineness of receipt dated 08.06.2017. She states that Respondent is not a signatory to this document. 3.1 She states that however she has no objection if this petition is allowed recording the direction as prayed for by the learned Senior Counsel for the Petitioner in his oral submissions.

4.

The submission of the parties are taken on record and the parties are bound down to the same.

5.

The petition is disposed of with a direction to the learned Trial Court to consider the probative value of Exhibit CW-1/DX2 i.e., receipt dated 08.06.2017 at the time of final arguments in accordance with law. 6.

It is made clear that issuance of this direction is not an expression of opinion on the merits of either party's submissions. 7.

All rights and contentions of partis are left open. 8.

Pending application if any stands disposed of. 9.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J FEBRUARY 20, 2025/mt/sk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.