S j forex pvt ltd

The total revenue of SJ FOREX PRIVATE LIMITED in FY19 is between 1 to is the CIN and shan_co@ is the.
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According to the original complainant - appellant herein, a total sum of Rs. According to the complainant, the original accused -respondents herein paid Rs. According to the complainant, the respondents accused issued four cheques total amounting Rs. However, all the aforesaid cheques when presented, came to be dishonoured.

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According to the complainant thereafter the respondents issued one another cheque bearing No. Thereafter, the complainant sent a legal notice upon the original accused under Section of the N. Act vide notice dated Despite the service of the notice, the accused did not make the payment of the cheque amount. Therefore, the original complainant - appellant herein filed the complaint before the Learned Metropolitan Magistrate. The Learned Metropolitan Magistrate believed that the accused Sushil Kumar Sharma admitted his signature on the cheque.

The Learned Metropolitan Magistrate also believed receipt of the demand notice by the accused persons and non-payment towards the said cheque. However, thereafter Learned Metropolitan Magistrate observed and held that there is no legal liability as the payment through the card is not established and proved; that the payments are prior to the issuance of the card. Resultantly, the Learned Metropolitan Magistrate dismissed the complaint by judgment and order dated Feeling aggrieved and dissatisfied with the judgment and order of acquittal passed by the Learned Trial Court acquitting the accused, the complainant preferred appeal before the Learned Sessions Court.

Learned Sessions Court dismissed the said appeal on the ground that the same is not maintainable.

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Thereafter the complainant filed the appeal before the High Court. By the impugned judgment and order, the High Court dismissed the appeal and confirmed the order of acquittal passed by the Learned Trial Court. Hence, the original complainant has preferred the present appeal.

Learned Counsel appearing on behalf of the appellant has vehemently submitted that in the facts and circumstances of the case both the Learned Trial Court as well as the High Court have committed a grave error in acquitting the original accused for the offence under Section of the N. It is further submitted by Learned Counsel appearing on behalf of the complainant that both the Courts below have materially erred in acquitting the accused.

It is submitted that the accused had admitted issuance of the cheque as well as the signature on the cheque. It is submitted that therefore there is a presumption under Section of the N. Act in favour of the complainant. It is submitted that thereafter the onus would be upon the accused to rebut the presumption and for that, the accused has to lead the evidence. It is submitted that in the present case no evidence has been led on behalf of the accused to rebut the presumption.

It is submitted that the presumption mandatory by Section of the N. Act includes the presumption that there exists a legally enforceable debt or liability and therefore both the Courts below have materially erred in acquitting the accused. In support of the above, reliance is placed on the decisions of this Court in the case of Rangappa vs.

Shankargouda, 8 SCC It is submitted that he had also admitted that he had made part payment in discharge of the said liability and some amount was remaining. It is submitted that therefore the accused was required to lead the evidence and prove that the entire amount due and payable has been paid.

It is submitted that therefore in view of the presumption under Section of the N. Act, the Learned Trial Court ought to have convicted the accused for the offence under Section of the N. It is submitted that therefore the High Court has erred in confirming the acquittal. The present appeal is vehemently opposed by the learned counsel appearing on behalf of the accused.

It is further submitted that it is true that the cheque was issued, but the same was issued towards the security.

It is submitted that as such the complainant misused the cheque to recover the dues of business from Ranger Export of India. Relying upon the decision of this Court in Basalingappa vs. Mudibasappa, 5 SCC , it is submitted that as held by this Court once there is probable defence on behalf of the accused, thereafter the burden shifts on the complainant to prove his financial capacity and other facts.

We have heard the learned counsel appearing on behalf of the respective parties at great length. Pdf 13 February Optional Attachment 1 Pdf 13 February Optional Attachment 3 Pdf 13 February Optional Attachment 2 Pdf 13 February Form 23b For Period To Oct 05 April Certificate Of Incorporation Pdf 23 February Form 2 Pdf 09 April List Of Allottees Pdf 09 April Form 32 Form 1 Pdf 13 February Form 18 Moa Memorandum Of Association Incorporated about 14 years ago.

Balance sheet filed almost 12 years ago. Annual return filed almost 12 years ago. Auditor appointed almost 12 years ago. Balance sheet filed on 31 March about 4 years ago.

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Last Annual General Meeting held on 30 September over 3 years ago. Authorised capital changed from A valid e-mail address. All e-mails from the system will be sent to this address. The e-mail address is not made public and will only be used if you wish to receive a new password or wish to receive certain news or notifications by e-mail.

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