KADER J.

This is a petition under section 482 of the Criminal Procedure Code to quash the proceedings in CC No. 704 of 1983 on the Me of the Additional Chief Metropolitan Magistrate (Economic Offences-1), Egmore, Madras-8. The accused is the petitioner The Income-tax Officer, Central Circle-XV, has launched a criminal prosecution against the petitioner for offences under sections 193, 420 read with section 511 of the Indian Penal Code and sections 277 and 276C(1) of the Income-tax Act of 1961, on the following averments.

The petitioner, who is the proprietor of Ratna Movies, carrying on business in distribution of films, is an income-tax assessee with the status of "individual", On October 11, 1977, the petitioner delivered his income-tax return for the assessment year 1977-78, showing a total income of Rs. 1, 03, 740. Along with the return, the petitioner also furnished a statement of profit and loss account for the year ending March 31, 1977, and trial balance as on March 31, 1977. The profit and loss account showed a collection of Rs. 14, 89, 681 for the year ending March 31, 1977. Subsequently, on March 14, 1978, a raid on the premises of his office and residence was made by the Income-tax authorities resulting in the seizure of more than one set of account books maintained by the petitioner in respect of his film business for the assessment year 1977-78, and a sum of Rs. 50, 000 in cash. The scrutiny of the accounts seized showed discrepancies and suppression of the collection made by the petitioner in his film business and he was called upon to explain. This prompted the petitioner to Me a revised return for the assessment year 1977-78 showing a total income of Rs. 2, 36, 240 as against the income of Rs. 1, 03, 740 originally returned by him. On November 15, 1979 an order of assessment was passed by the Income-tax Officer for the year 1977-78, determining the total income of the petitioner at Rs. 3, 29, 964. On appeal, the Commissioner of Income-tax (Appeals), Madras, confirmed the assessment. On further appeal, the Income-tax Appellate Tribunal determined the income of the petitioner for the assessment year 1977-78 at Rs. 2, 34, 233. Thereafter, the Income-tax Officer imposed on the petitioner a penalty of Rs. 2, 17, 910 under section 271 (1)(c) of the Income-tax Act, by his order dated March 3, 1982, for concealing the particulars of income deliberately and furnishing inaccurate particulars in the original return. The petitioner preferred an appeal before the Commissioner of Income-tax, who, while confirming the penalty, directed the Income-tax Officer to levy minimum penalty adopting the income fixed by the Income-tax Appellate Tribunal as the basis. According to the respondent, the petitioner, with a view to defraud the exchequer of its legitimate revenue, has fraudulently maintained more than one set of account books for the assessment year 1977-78 and has been found in possession of the said fabricated account books, which were intended to be produced as genuine evidence in the course of the income-tax assessment proceedings and has systematically suppressed the collections from his business and submitted a false return and statement of accounts. The petitioner attempted to deceive the Income-tax Officer and induced him to pass an order of assessment on the basis of his false return (sic) is to quash this proceeding that the petitioner has come forward with this petitionIt is contended by the petitioner that the accounts were maintained by his accountant who looked after the entire matter relating to the maintenance and finalisation of the accounts and preparation of profit and loss account and other statements. The petitioner was, in fact, not properly equipped to maintain or look after the accounts. He reposed implicit faith in his accountant and signed the returns and other statements prepared by the accountant. After the search and seizure of the account books from his business premises, the petitione