Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CA No.467/2024
Harsh Bhatia Vs. Income Tax Office
20.11.2024
Video conferencing facility is active throughout the proceedings
during the day.
Present: Sh. Anshuman Gupta, Ld. Counsel for the appellant
alongwith appellant.
The appellant has preferred the present appeal Section 415 (3)
of BNSS (374 (3) Cr.PC) for setting aside the judgment dated 30.08.2024
and the order on sentence dated 14.10.2024 passed by the Court of Sh.
Mayank Mittal, Ld. ACJM (Spl. Acts), Central District, Tis Hazari Courts,
Delhi in complaint case no.535780/2016 titled as Income Tax Office Vs.
Harsh Bhatia whereby, the Ld. Trial Court was pleased to convict is
sentenced for the offence under Section 276C (1) of the Income Tax Act,
1961 and direct the appellant to undergo simple imprisonment of 6 months
with fine of Rs. 1.5 lacs and for the offence under Section 277 of the
Income Tax Act, 1961 with simple imprisonment for a period of six months
with fine of Rs. 1.5 lacs and both the imprisonment shall run concurrently
and in default of payment undergo simple imprisonment for a period of 30
days.
The aforesaid fine amount is stated to be not paid by the
appellant.
The application has also been filed by the appellant for stay of
the operation of the impugned judgment dated 30.08.2024 and order on
sentence dated 14.10.2024.
An application under Section 430 of BNSS (Section 389
Cr.PC is already stated to be filed by the appellant alongwith the appeal.
Heard. Perused.
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Having perused the appeal as well as grounds taken in the
appeal and order on sentence, the present appeal is admitted and operation
of order on sentence is suspended till NDOH.
The appellant is admitted to bail subject to furnishing of bail
bond / surety bond of the amount in the sum of Rs. 20,000/- along with one
surety of the like amount to the satisfaction of the Ld. Trial Court.
The application for suspension of sentence is disposed off
accordingly.
Issue notice of the present appeal to the respondent on filing
of PF/RC, speed post and approved courier service by the appellant for the
next date.
A copy of this order be given dasti to the counsel for the
appellant, as prayed for.
Let TCR be also called two days prior before the next date of
hearing.
List for reply and argument on 13.01.2025.
(SHILPI JAIN)
ASJ-02, Central, THC
Delhi/20.11.2024a
At this stage, Sh. Anish Dhingra, Ld. Special PP for the
respondent has appeared through V.C. he is apprised about the next date of
hearing and proceedings.
Put up on date already fixed i.e. 13.01.2025.
(SHILPI JAIN)
ASJ-02, Central, THC
Delhi/20.11.2024a
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