TMI Blog1994 (11) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... ulam. The complaint is that the petitioners and five others had committed offences punishable under sections 277 and 278 of the Income-tax Act, 1961, and sections 120B, 193, 196, 420 and 109 of the Indian Penal Code, 1860. The Assessing Officer found that the accused were not accounting all their sales and it was also found that the sales were short-credited or in other words, the full considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he firm during the relevant period and accused Nos. 15 to 17 were also employed there. The thirteenth accused had earlier filed Criminal Revision Petition No. 201 of 1985 and Criminal M. C. No. 717 of 1985 before this court which was disposed of by a common order against which he filed special leave petitions before the Supreme Court. Those special leave petitions were disposed of by order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were no more. The Magistrate has, therefore, proceeded against the remaining accused. The Magistrate has considered the question whether a case had been made out against the petitioners which if unrebutted would warrant their conviction and if not whether they are liable to be discharged. The first accused is a partnership-firm engaged in the business of purchase and sale of iron and steel. Accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t liable and there is no averment in the complaint to suggest abatement of any offence by the partners. These contentions were repelled by the Magistrate mainly on the ground that this court has directed the Magistrate to proceed against the partners of the firm after quashing the complaint against the first accused. The Magistrate has also referred to certain decisions cited at the Bar which woul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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