Contention Not Specifically Denied In Pleadings, Attracts Inference Of Admission: JKL High Court Reiterates
The Jammu and Kashmir and Ladakh High Court has reiterated that the contention raised by a petitioner, if not specifically denied by the Respondent in his reply, could only draw an inference that the contention of the Petitioner is being admitted by the Respondent.
The bench comprising Justice Javed Iqbal wani made the observation while allowing the plea moved by the Petitioner for transfer of a criminal case filed against him under Section 138 of NI Act before Sub Judge at Pulwama, apprehending physical danger from Respondent (complainant).
The Petitioner averred that when he tried to appear before the said Court to contest the complaint, the respondent beat him up with the help of security personnel attached to respondent's brother. He further stated that the Police did not register his complaint and rather illegally detained him for undisclosed reasons.
The High court noted that the reply filed by the respondent did not controvert the contention of the petitioner with regard to the allegations of beating. "Thus the only inference that could be drawn, as such, would be that the contention of the petitioner is being admitted by the respondent," the bench underscored. It was of the view that in these circumstances, the petitioner is not likely have fair chance to defend the case before the Court at Pulwama.
Moreover, it noted that it would not be inconvenient to the Respondent in the event the case is transferred to a Court of competent jurisdiction at Srinagar, being almost at equal distance from residence of both parties.
Thus, it allowed the transfer plea.
Case Title : Javaid Ahmad Sheikh Vs Mohammad Iqbal Thoker
Citation : 2022 LiveLaw (JKL) 249
Counsel for Petitioner: Mr. N.H. Shah Sr Advocate, Ms. Shaila Shameem, Adv.
Counsel For Respondent: Mr. Malik Mushtaq.