Jayti Khurana v. State (Nct) of Delhi & Anr

O R D E R %

17.11.2025

¶1By way of the present petition, the petitioner challenges the order dated 30.07.2025 vide which the learned Judicial Magistrate First Class NI Act dismissed the application filed by the petitioner under Section 311 of the Code of Criminal Procedure, 1973 ('CrPC') in Complaint Case No. 19227/2016 (hereafter 'the subject complaint').

¶2The petitioner, by the said application, had sought certain call records (Ex. DW-2/1) to be sent to CFSL, for seeking their opinion and proving it's genuineness.

¶3Ex. DW-2/1 contained the conversation between the petitioner and the complainant in regard to certain liabilities, which, according to the petitioner, would be relevant for the final adjudication of the subject complaint under Section 138 of the Negotiable Instruments Act, 1881 filed by Respondent No. 2 This is a digitally signed order. against the petitioner.

¶4Record indicates that the complainant has not denied that the conversation that happened between the petitioner and the complainant. The Complainant had also admitted during the evidence that the voice in the said conversation belongs to him. The said fact has also been also recorded by the learned JMFC in the impugned order dated 30.07.2025.

¶5Thus, I find no infirmity in the order passed by the learned Trial Court, dismissing the application under Section 311 of CrPC noting that when the conversation is not denied, the same is not required to be sent for any expert evidence.

¶6In view of the above, I find no merit in the petition and the same along with pending applications is dismissed. AMIT MAHAJAN, J NOVEMBER 17, 2025 "SS" This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8108/2025, CRL.M.A. 33855/2025, CRL.M.A. 33856/2025 & CRL.M.A. 33857/2025 JAYTI KHURANA .....Petitioner Through: Mr. L.M. Grover, Mr. Gurpreet Singh & Mr. Alok Tiwari, Advs. versus STATE (NCT) OF DELHI & ANR. .....Respondents Through: Mr. Rajkumar, APP for the State Mr. Praveen Suri, Adv. (through VC) CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN