9911796707
TMI Blog2007 (8) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... ously obtained stay of criminal prosecution during pendency of appeal before the income tax authorities – since tribunal has deleted additions, entire criminal proceedings was to be quashed - 18095 of 2007 - - - Dated:- 20-8-2007 - J. N. SINGH J. N. K. Agrawal for the petitioner. S. K. Sharan for the respondent. JUDGMENT J. N. Singh J. - Heard Mr. N. K. Agrawal, learned senior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n was stayed during the pendency of the appeal pending before the authorities of the Income-tax Department. By order dated March 8, 2002, the appeal of the petitioner has been allowed and from the assessment order including extra income as per the said diary has been deleted, which was the sole ground for prosecution. 3. Learned senior counsel for the petitioner submits that since the appeal o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wiped out, further proceeding of the complaint case against the petitioner shall be an abuse of the process of the court. 5. In that view of the matter and in view of the settled legal proposition as evident from the judgments cited by the learned senior counsel for the petitioner, in exercise of power under section 482 of the Code of Criminal Procedure and in the interest of justice, I hereby ..... X X X X Extracts X X X X X X X X Extracts X X X X
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