SHYAMAL KUMAR SEN, J.

1. IT is the contention of the writ petitioners that, until the death of its partner, Sri. H. P. Nevatia, on October 15, 1977, the business and the accounts of petitioner No. 1 firm were solely looked after and maintained by and under the instructions of the said Sri. H. P. Nevatia. Other partners of the said firm did not at any time have any significant participation in the activities of petitioner No. 1. Petitioner No. 1, at all material times, maintained and still maintains its accounts in accordance with the mercantile system of accountancy. This application relates to purported criminal proceedings sought to be initiated by respondent No. 1 against the petitioners for alleged failure to pay the tax deducted at source under section 194A of the said Act within time, under section 276B of the said Act, for the assessment years 1970-71 to 1976-77. The previous years of petitioner No. 1 were the relevant financial years. During the course of its business, petitioner No. 1 raised and/or received loans and/or advances from different persons on interest. The accounts of the said creditors in the books of petitioner No. 1 used to be credited with the amoun