Appp v. Dy. Comm Of Income Tax And Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 80 OF 2017IN CRIMINAL APPLICATION NO. 614 OF 2011 Pinakin Kantilal Patel… Applicant V/s. Dy. Commissioner of Income Tax Spl Range 20, Mumbai & Anr.… Respondents ----- Mr.Ganesh Bhujbal for the Applicant. Mr. A.A. Palkar, APP for the Respondent/State. CORAM : A.S.GADKARI, J.DATE : 25[th] SEPTEMBER, 2017 P.C.:.This is an application for return of cash deposited in the Registry of this Court in pursuance of order dated 05.02.2016. 2Learned Counsel for the Applicant submitted that the Applicant has returned to India on the scheduled date as was directed by this Court. That by subsequent order dated 09.01.2017, he again went to foreign country and return on scheduled time. He submitted that in view of paragraph No. 8 of the said order dated 05.02.2016, he has not committed any breach. 3Perused the record. I find substance in the submissions made by the learned Counsel for the Applicant. 4In view thereof and for the reasons stated in the application, the 1/2 application is allowed in terms of prayer clause (a). 5The Registry is hereby directed to refund the amount of Rs.1,00,000/- to the Applicant within a period of three weeks from the date of receipt of the present order . 6Application is disposed of in the aforesaid terms. 7All the concerned to act on an authenticated copy of this order. (A.S.GADKARI, J.)