(1.) This petition under section 482 CrPC challenges the prosecution initiated against the applicant by criminal complaint by the Central Excise Department under Sections 174 and 193 of the Indian Penal Code.
(2.) It has been urged from the side of the applicant that the offence under section 174 of IPC is not made out because the applicant had ultimately appeared in response to the fourth summon issued.
(3.) As stated above these averments are the defence version of the applicant which cannot be examined at this stage.