SAMIRKUMAR MAHENDRABHAI PANCHMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE applicant of Criminal Revision Application No.535 of 2010, who is petitioner in Special Criminal Application No.2055 of 2010, has challenged following orders arising from the proceedings under Section 125 of the Code of Criminal Procedure.

(2.) BRIEF facts arising from the case are as under:

(3.) ON the other hand, learned advocate Mr.Kirtidev Dave appearing for the respondent No.2wife has opposed this application, and submitted that the gross income of the applicant, as reflected from the IncomeTax Return for the Assessment Year 20082009, it comes Rs.12,96,388/, and even if the tax of Rs.2,77,647/ which is paid under the provisions of Income Tax Act, the applicant yearly income would be more than Rs.10.00 lacs and, therefore, an amount of Rs.30,000/ awarded by the revisional court does not require any interference. He has further submitted that the certificate issued by the Income Tax Department for the Assessment Year 20092010, and the period from 1.4.2008 to 30.7.2008 which is produced on record by the applicant himself, his gross income for the four months is Rs.4,50,798/, and even if the tax of Rs.53,292/ is deducted from his income, the applicant had earned almost Rs.4.00 lacs for four months and, therefore, the enhancement made by the revisional court may not require to be interfered with by this Court.