TMI Blog1987 (1) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... already on record, as representing the firm of the first accused, Balaji Chit Funds. The petitioner has filed a complaint against the accused-respondents and another, Ponnuswami, who is since dead, for offences under sections 120B, 193, 420, 468 and 471, Indian Penal Code, and under sections 276(c) and 277 of the Income-tax Act. The summons was received by the second accused on behalf of the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitions invoking the powers of this court under section 482 of the Code of Criminal Procedure to permit the petitioner to amend the complaint. The short case of the petitioner is that the first accused, namely, the firm of Balaji Chit Funds, has not been properly described as being represented by Jayaraman, the second accused, who is the managing partner of the firm, the first accused. In othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed when there is no provision in the Code to meet a particular situation, as in this case. The firm which is an accused, has to be properly described as being represented by the managing partner. After all, these amendments in respect of the description of the first accused cannot in any way affect the other accused who are partners of the firm. On the contrary, the omission to so describe may af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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