BharatTaxGST

Hans Jitendra Khona vs. Commissioner Of Central Excise

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CRL.P/3248/2021HC KarnatakaGSTCNR KAHC01017122202102 July 2021Bench: MOHAMMAD NAWAZ3 pages

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Cause title — parties, addresses and appearances
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2021 BEFORE: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.3248 OF 2021 BETWEEN: 1. HANS JITENDRA KHONA, S/O. JITENDRA KHONA, AGED ABOUT 40 YEARS, MANAGING PARTNER OF NAVEENCHANDRA KALYANJI & CO., OFFICE AT 539/6B, GROUND FLOOR OF KHONA NIVAS, APMC RING ROAD, SIRSI, UTTARA KANNADA-581 402. 2. JAYAPRAKASH KUMAR PODUAL, S/O. KUMAR PODUAL, AGED ABOUT 61 YEARS, AYURVEDA SHALA, NATARAJ ROAD, SIRSI, UTTARA KANNADA-581 402. ... PETITIONERS [BY SRI. VENKATESH KUMAR S., ADVOCATE] AND: COMMISSIONER OF CENTRAL EXCISE & CENTRAL TAX (GST), MANGALORE COMMISSIONERATE, 7TH FLOOR, TRADE CENTRE, BUNTS HOSTEL ROAD, MANGALURU-575 003, REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. ... RESPONDENT [BY SRI. AMIT DESHPANDE, ADVOCATE] * * * 2 THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN PROCCEDINGS NO.CBIC-DIN- 20210457YZ0000222AF6 U/S. 69 OF THE CGST ACT, 2017 FOR AN OFFENCE SPECIFIED IN CLAUSE (a) OR (b) OR (c) OR (d) OF SUB- SECTION (1) OF SECTION 132 WHICH IS PUNISHABLE UNDER CLAUSE (i) OR (ii) OF SUB-SECTION (1) OR SUB-SECTION (2) OF THE SUB-SECTION FOR THE REASONS STATED THEREIN. THIS CRIMINAL PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed under Section 438 of Cr.P.C., by the petitioners to release them on anticipatory bail in the event of arrest by the respondent.

2.

Learned counsel for the respondent Sri. Amit Deshpande has filed a memo stating that the quantum of amount involved is below Rs.5 crores and therefore, the offence alleged is bailable offence under Section 132 of CGST Act. He would submit that in view of the same, the petition is not maintainable.

3.

He has also submitted that petitioners can appear before the concerned Officer and cooperate with the

3 investigation and in that case, no arrest will be made. Memo is placed on record.

4.

Learned counsel for the petitioners submits that the petitioners will appear before the concerned Commissioner on or before 09.07.2021. The said submission is placed on record.

In view of the memo and the submission made by the learned counsel for respondent, this petition is disposed of.

I.A. No.1/2021 filed for interim bail does not survive for consideration and the same is disposed of. JUDGE

Ksm*

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.