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04.01.2024

CRL.M.A. 212/2024 (exemption)

1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.L.P. 9/2024

3.

The instant petition has been filed under Section 378(4) of the Code

of Criminal Procedure, 1973 seeking leave to appeal against judgment dated

04.11.2023 passed by learned Metropolitan Magistrate (NIAct)-03, West

District, Tis Hazari Courts in CC No. 4335/2018, whereby the learned

Magistrate has acquitted the respondent under Section 138 of the Negotiable

Instruments Act,1881.

4.

It is stated by learned counsel for the petitioner that the learned

Magistrate has committed an error by dismissing the complaint filed by the

petitioner as the learned Magistrate has failed to take note of the fact that

preponderance of probability was in favour of the petitioner, which had gone

This is a digitally signed order.

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The Order is downloaded from the DHC Server on 06/01/2024 at 20:00:22

unrebutted during the trial. It is also stated that the learned Magistrate has

solely relied upon the statement of the accused as gospel truth to the extent

of rebutting the preponderance of probability, which is not tenable in law.

5.

Issue notice to respondent through all permissible modes including

electronically, on filing of Process Fee within four weeks for 14.05.2024.

6.

TCR is digitized form be also called for next date of hearing.

7.

The order be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J

JANUARY 4, 2024/sa

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This is a digitally signed order.

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 06/01/2024 at 20:00:22