Wp/564/2023 Of Maitreya Doshi v. Income Tax Department And Ors

GRM IN THE HIGH COURT OF JUDICATURE AT BOMBAYCRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 564 OF 2023Maitreya Doshi… PetitionerV/s.Income Tax Department & Ors. … Petitioner … Respondents Ms. Gunjan Mangla a/w Ms. Dhanyashree Jadeja & Ms. VanshikaShroff i/b Jadeja & Satiya, Adv. for the Petitioner.None for Income Tax Department/Respondent No. 1.Ms. Anamika Malhotra, APP for the State/Respondent. P.C. : CORAM:R. G. AVACHAT, J.DATED:FEBRUARY 23, 2023 Heard. 2.The challenge herein is to the condition (d) in the orderdated 02/01/2023, passed by the Court of Additional ChiefMetropolitan Magistrate, 38[th] Court, Ballard Pier, Mumbai in theCriminal Case bearing No. 528/SW/2019. 3.It is the case for the offence punishable under Section 276-Bread with 278-B of Income Tax Act, 1961. Learned Advocateinforms that the sum of Rs. 92,43,070/- towards TDS has alreadybeen paid. In another case, the similar condition imposed by theTrial Court in a matter arising out of cheque bouncing case, hasbeen withdrawn/set aside by the order of this Court. 4.Inspite of service of notice, none appears for the respondent/Income Tax Department. 5.Considering the nature of offence and the applicant haspermanent place of abode in Mumbai only, the condition (d) in theimpugned order, is hereby withdrawn. 6.Writ petition stands disposed of accordingly. (R. G. AVACHAT, J.)