Securities And Exchange Board Of India v. Anil Dashrathlal Modi

bipin prithiani 10-alp-60.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BIPIN DHARMENDER PRITHIANI PRITHIANI Date: 2024.07.16 10:51:01 +0530 CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL NO. 60 OF 2024 Securities and Exchange Board of India ...

Applicant

Versus

Anil Dashrathlal Modi & Anr.

...

Respondents ****** Mr. Aspi Chinoy, Senior Advocate, i/by Vijay Hiremath for the Applicant.

Mr. Mayur S. Sonavane, APP for Respondent No.2-State. ****** CORAM: MANISH PITALE, J.

DATE : 15th JULY 2024 P.C. :

.

Heard Mr. Chinoy, learned Senior Counsel for the applicant. 2.

This is an application seeking leave to appeal against judgment of the Sessions Court, acquitting the contesting respondent No.1.

3.

It is submitted that the Sessions Court has committed error in ignoring original documents at Exhibit 77, while holding that presumption under Section 27 of the General Clauses Act, 1897, would not arise against the contesting respondent No.1, in the absence of proof of dispatch of the packet through post. 4.

Issue notice to respondent No.1, returnable on 5th August 2024 (High on Board).

bipin prithiani 10-alp-60.24.doc 5.

The applicant is at liberty to serve the contesting respondent No.1 by way of private service and to file an affidavit of service. MANISH PITALE, J.