TMI Blog1994 (11) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... In these three miscellaneous petitions, the petitioners are common. They request this court to call for the records pending in different C. Cs, on the file of the judicial Magistrate, Krishnagiri. The respondent, the Income-tax Officer, Krishnagiri Ward, Krishnagiri, filed a complaint against the petitioners for an offence punishable under sections 276C and 276E read with section 278B of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent has chosen to prefer the above complaint against the petitioners. The said proceedings pending before the court below are the subject matter of these miscellaneous petitions. Heard learned counsel for the petitioners and the learned advocate appearing for the respondent/income-tax authority. Two grounds have been raised by the learned advocate for the petitioners. The first ground i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an account payee cheque or account payee bank draft. He has further submitted that it is a matter which has to be decided in the trial court after letting in evidence as to whether it is a loan or deposit. As far as the other ground is concerned, regarding the reasonable cause, as described in the Act, show-cause notice has been issued to the accused/ petitioners and they have also replied to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lt under section 276E and pleaded their ignorance and, hence, the petitioners cannot take advantage of this also. Without deciding the question whether it is a loan or deposit, it will not be proper on my part to give a finding in these criminal miscellaneous petitions. Hence, for the reasons stated above, I see no merit in these petitions. However, it is open to the petitioners to take up the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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