2019 (3) TMI 346

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.... Respondent (By Sri. Vikram A. Huilgol, Sr.CGSC)   ORDER The present petition has been filed by the petitioner-accused No.2 under Section 438 of Cr.P.C. to release him on anticipatory bail in C.C.No.426/2014 on the file of Principal Chief Judicial Magistrate, Mangaluru for the offence punishable under Section 89(1)(a) of Finance Act, 1994. 2. I have heard the learned counsel for t....

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....etitioner-accused No.2. On the basis of the said facts and circumstances, the present petition has been filed. 4. It is the submission of the learned counsel for the petitioner that because of the non-communication and inadvertence he did not appear before the Court and has not paid the service tax due and as such the NBW has been issued. He further submitted that now he is ready to deposit Rs.....

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....een issued to secure the presence of the petitioner-accused No.2. The petitioner-accused No.2 is absconding since three years and if he is released on anticipatory bail, he may abscond and he will not pay the amount due to the respondent. He further submitted that he is a chronic defaulter of the tax and penalty. On this ground, he prays to dismiss the petition.   6. I have carefully and c....

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....e is going to deposit Rs. 20,00,000/- (Rupees Twenty Lakhs only) out of the remaining dues and subsequently he will be regular in appearing before the Court and for payment.   8. I feel by keeping the said undertaking given by the learned counsel for the petitioner, if by imposing some stringent conditions, if the petitioner-accused No.2 is enlarged on anticipatory bail it is going to meet....