BHOLA NATH KESHRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is the proprietor of Raj Ratan Jewellers, Patna. On a complaint filed by the Asstt. CIT, opposite party No. 2, cognizance was taken under S. 276CC and 276D of the Indian IT Act 1922 (the Act) by the impugned order dt. 17th Dec., 1990 passed by the presiding Officer Special Court (Economic Offence) , Muzaffarpur, in Case No. 0218 of 1990.

(2.) THIS application under S. 482 of the CPC 1889 has been filed for quashing the aforesaid order of cognizance as also the criminal prosecution of the petitioner.

(3.) THE learned counsel for the petitioner stated that certain developments had subsequently taken place after filing of the application. It has been stated in supplementary affidavit enclosing copy of the order passed by the CIT (A) patna, which is Annexure 2 of the Supplementary affidavit, that the petitioner had challenged the penalty proceeding under S. 271 (1) initiated against him by the Asstt. CIT, Income tax vide Annexure 2 which is a copy of the order dt. 16th Feb., 1995. The appeal was allowed and the entire penalty was deleted .