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Bombay High Court

SECURITIES AND EXCHANGE OF INDIA- VIVEKANANDA SWAROOP SversusJAYESH HIMATLAL MEHTA

Decided
Disposal
Allowed

Holding

The High Court held that the Sessions Court erred in ignoring the postal acknowledgment and drawing a presumption under Section 27, rendering the acquittal order erroneous, and therefore granted leave to appeal.

Summary

The Securities and Exchange Board of India (SEBI) sought leave to appeal an order dated 30 March 2024 that acquitted Jayesh Himatlal Mehta of an offence under Section 24(2) of the SEBI Act, 1992. The acquittal was based on the Sessions Court’s finding that SEBI had not proved service of the adjudication order, despite SEBI’s production of postal acknowledgment cards and a speed‑post booking list. SEBI argued that the acknowledgment cards established service, making the Court’s reliance on Section 27 of the General Clauses Act, 1897 to draw a presumption of non‑service erroneous. The High Court, recalling its earlier observation on 3 December 2025, held that the acknowledgment was sufficient proof of service and that the Sessions Court’s reasoning was perverse. Consequently, the High Court allowed the application for leave to appeal, permitting SEBI to challenge the acquittal order.

Issues considered

  • Whether the Sessions Court erred in drawing a presumption of non‑service under Section 27 of the General Clauses Act despite the presence of postal acknowledgment cards.
  • Whether the order of acquittal dated 30 March 2024 is legally sustainable.
  • Whether leave to appeal should be granted to SEBI.

Legislation cited

Subjects

  • SEBI
  • service of adjudication order
  • General Clauses Act
  • presumption of service
  • acquittal
  • leave to appeal
  • securities law
  • procedural law

Judgment

                                                                           32-ALP-179-2024 @.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                        APPLICATION FOR LEAVE TO APPEAL (PVT.) NO. 179 OF 2024

                   Securities And Exchange Of India-                            ...Applicant
                               Versus
                   Jayesh Himatlal Mehta                                        ...Respondent

                                                   ****
SNEHA
                   Mr. Ahmed Padela i/b The Law Point for the Applicant.
NITIN              Ms. Dhanlaxmi Krishnaaiyar APP for Respondent/State.
CHAVAN
Digitally signed
                                                   ****
by SNEHA
NITIN CHAVAN
Date: 2026.09.10
19:42:58 +0530
                                                    CORAM :      M.M. SATHAYE, J.
                                                      DATE :     10th SEPTEMBER, 2026

                   P.C. :


                   1.             Heard learned Counsel for the Applicant/SEBI. Application is
                   filed seeking leave to file appeal against an order dated 30.03.2024
                   passed in SEBI Special Case No. 33/2019 acquitting the Respondent
                   No.1 from offence punishable under Section 24(2) of Security and
                   Exchange Board of India Act, 1992.


                   2.             Learned Counsel for the Applicant has invited the Court’s
                   attention to order dated 03.12.2025 passed by this Court, which reads
                   as under.
                                  “1) Heard Mr. Jha, the learned counsel appearing for the Applicant
                                  and perused the order of acquittal.
                                  2) The learned Sessions Judge has acquitted the accused
                                  primarily on the ground that the Applicant-Securities and Exchange
                                  Board of India (SEBI) could not prove service of adjudication order
                                  on the accused.
                                  3) It appears that SEBI had placed on record and proved in
                                  evidence postal acknowledgment cards to demonstrate service of


                   Sneha Chavan                                                                    1
                                                        32-ALP-179-2024 @.doc



               adjudication order on the accused. The Sessions Court has
               ignored the acknowledgment and has unnecessarily concentrated
               on the aspect of non-production of postal receipt for the purpose of
               drawal of presumption under Section 27 of the General Clauses
               Act, 1897. The finding of non-production of postal receipt also
               appears to be perverse in view of the fact that SEBI had produced
               speed post booking list, by which bulk postal booking was made by
               the SEBI. Thus, apparently there is postal receipt as well as
               acknowledgment on the record showing due service of the
               adjudication   order   on    the   accused.     Once       the       postal
               acknowledgment receipt itself is proved, there is no occasion for
               drawal of any presumption under Section 27 of the General
               Clauses Act. It is only in case where acknowledgment cannot be
               produced that one may rely upon a mere postal receipt for the
               purpose of drawal of presumption under Section 27 of the General
               Clauses Act. Prima facie order of acquittal appears to be
               erroneous.
               4) Issue notice to Respondent No.1, returnable on 13 January
               2026”


3.             Office note indicates that Respondent is duly served and an
Advocate is engaged whose name is appearing on the cause list.
However, none appeared for Respondent No.1.


4.             I have perused the impugned order as well as earlier order
passed by this Court.


5.             In addition, learned Counsel for the Applicant has invited the
Court’s attention to the acknowledgments produced on record from
postal authorities, which according to the Applicant sufficiently
establish service of demand for penalties and reminder sent thereafter.


Sneha Chavan                                                                    2
                                                   32-ALP-179-2024 @.doc



6.             In the aforesaid facts and circumstances, case for leave is
made out. Application is allowed. Applicant is permitted to file appeal
challenging the order of acquittal dated 30.03.2024.


                                           (M.M. SATHAYE, J.)




Sneha Chavan                                                               3


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