Kaushal Kumar v. State Of Haryana






   




  

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7. That on the last date of hearing i.e. 27.10.2022, learned counsel for the petitioner had averred that although the



phone number in question belongs to the petitioner, but the user ID of the account in which the amount was deposited had already been updated and the phone number had subsequently been changed to some other phone number and consequently it cannot be said that it is the petitioner, who is the beneficiary of the amount of Rs.93,000/-. In support of this averment, the learned counsel for the petitioner had passed on following documents to the learned state counsel:- i) An affidavit dated 01.08.2022 averring therein that he has got the no. 84006-56024 issued in his name on 27.11.2021. In support of this a document from the service provider i.e. Airtel is also attached depicting the activation date of this no. as 27.11.2021.

During the course of the investigation of the case, Customer Acquisition form (hereinafter referred as 'CAF') of mobile no. 84006-56024 was obtained and analyzed which shows that the name of the person to whom this number was issued is Kaushal Kumar- the present petitioner and the same was issued in the name of the petitioner on 11.01.2018 against the Aadhar card No. 465866-584315.

Therefore, the CAF of the mobile no. of the petitioner itself negates the averment of the petitioner that he has got the no. 84006-56024 issued in his name on 27.11.2021. Thus the petitioner is trying to mislead the Hon'ble Court on this point.

(ii) Bank Statement of Account No.

730310510019501 and 732918210000142 of Bank of India belonging to the petitioner which has no bearing on this case.



(iii) Details from Paytm pertaining to the A/c No. 918400656024 bearing customer ID 461176178 including user update history depicting a change from 91-8400656024 to 91-7578081215 at 09:31:09 AM on 11.12.2019 and the same was updated by the customer ID 461176178 i.e. the ID of the petitioner himself. This prima facie established that the petitioner had himself updated the mobile numbers and there is nothing to substantiate the averment of alleged hacking.

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