2022 Supreme(Online)(Kar) 60543
KARNATAKA HIGH COURT - BENCH AT DHARWAD
THE INCOME TAX DEPARTMENT – Appellant
Versus
SHRI KIRAN D THAKUR – Respondent
CRL.A 100172/2022
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 19th DAY OF JULY 2022
BEFORE
THE HON9BLE MR.JUSTICE K. NATARAJAN
CRIMINAL APPEAL NO.100124/2022
C/W CRIMINAL APPEAL NOS. 100123/2022, 100125/2022,
100126/2022, 100127/2022, 100130/2022, 100131/2022,
100132/2022, 100133/2022, 100134/2022, 100135/2022,
100136/2022, 100137/2022, 100138/2022, 100139/2022,
100140/2022, 100141/2022, 100142/2022, 100143/2022,
100144/2022, 100145/2022, 100172/2022, 100173/2022,
100026/2022, 100077/2022, 100078/2022, 100079/2022,
100080/2022, 100081/2022, 100082/2022, 100083/2022,
100084/2022, 100085/2022, 100086/2022, 100090/2022,
100091/2022, 100092/2022, 100093/2022, 100094/2022,
100095/2022, 100114/2022
IN CRL. A. 100124/2022
BETWEEN:
THE INCOME TAX DEPARTMENT
REPRESENTED BY DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE-1, PLOT NO.123
SARAF COLONY,
KHANAPUR ROAD,SHRADDHA BUILDING
TILAKWADI, BELAGAVI
...APPELLANT
(By Sri. Y. V. RAVIRAJ, ADV.)
AND
M/S LOKMANYA MULTIPURPOSE CO-OP SOCIETY LTD,
REPRESENTED BY ITS CHAIRMAN
SRI. PRABHAKAR PATKAR
R
2
PLOT NO.8, R.S.NO.21/2
KHANAPUR ROAD, TILAKWADI
BELAGAVI REP. BY CHAIRMAN
MR.PRABHAKAR PATKAR
RESPONDENT
(BY SHRI. ASHOK A KULKARNI & SHRI. H.R.KAMBIYAVAR, ADVS.)
THIS CRIMINAL APPEAL IS FILED U/S 378 OF CR.P.C., SEEKING TO
GRANT LEAVE TO APPEAL AGAINST THE ORDER DATED 03.04.2021
PASSED
BY
THE
MAGISTRATE
OF
JMFC-III
COURT,
BELAGAVI
RECORDING THE CLOSURE OF THE CASE AGAINST THE ACCUSED
RESULTING IN ACQUITTAL OF THE ACCUSED IN CC NO.1059/2016 FOR
THE OFFENCE U/S 276CC OF THE INCOME TAX ACT, 1961, AND TO SET
ASIDE THE ORDER DATED 03.04.2021 PASSED BY MAGISTRATE OF JMFC-
III COURT, BELAGAVI AND RESTORE THE PROCEEDINGS IN CC
NO.1059/2016 FOR TRIAL OF THE ACCUSED FOR THE OFFENCE U/S
276CC OF THE INCOME TAX ACT, 1961.
IN CRL.A.100123/2022
BETWEEN
THE INCOME TAX DEPARTMENT,
REPRESENTED BY DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE-1, PLOT NO.123
SARAF COLONY, KHANAPUR ROAD,
SHRADDHA BUILDING,
TILAKWADI, BELAGAVI
...APPELLANT
(By Sri. Y.V. RAVIRAJ, ADV.)
AND
M/S LOKMANYA MULTIPURPOSE CO-OP SOCIETY LTD,
REP. BY ITS CHAIRMAN SRI. PRABHAKAR PATKAR
PLOT NO. 8, R.S.NO.21/2
KHANAPUR ROAD, TILAKWADI
BELAGAVI, REP. BY CHAIRMAN
MR. PRABHAKAR PATKAR
RESPONDENT
(BY SHRI. ASHOK A KULKARNI & SHRI. H.R.KAMBIYAVAR, ADVS.)
THIS CRIMINAL APPEAL IS FILED U/S 378 OF CR.P.C., SEEKING TO
GRANT LEAVE TO APPEAL AGAINST THE ORDER DATED 03.04.2021
3
PASSED
BY
THE
MAGISTRATE
OF
JMFC-III
COURT,
BELAGAVI
RECORDING THE CLOSURE OF THE CASE AGAINST THE ACCUSED
RESULTING IN ACQUITTAL OF THE ACCUSED IN CC NO.1058/2016 FOR
THE OFFENCE U/S 276CC OF THE INCOME TAX ACT, 1961, AND TO SET
ASIDE THE ORDER DATED 03.04.2021 PASSED BY MAGISTRATE OF JMFC-
III COURT, BELAGAVI AND RESTORE THE PROCEEDINGS IN CC
NO.1058/2016 FOR TRIAL OF THE ACCUSED FOR THE OFFENCE U/S
276CC OF THE INCOME TAX ACT, 1961.
IN CRL.A.100125/2022
BETWEEN
THE INCOME TAX DEPARTMENT
REPRESENTED BY DEPUTY COMMISSIONER OF INCOME TAX,
CENTRAL CIRCLE-1, PLOT NO.123
SARAF COLONY, KHANAPUR ROAD,
SHRADDHA BUILDING,
TILAKWADI, BELAGAVI
...APPELLANT
(By Sri. Y. V. RAVIRAJ, ADV.)
AND
M/S LOKMANYA MULTIPURPOSE CO-OP SOCIETY LTD,
REP. BY ITS CHAIRMAN SRI. PRABHAKAR PATKAR
PLOT NO. 8, R.S.NO.21/2
KHANAPUR ROAD, TILAKWADI
BELAGAVI, REP. BY CHAIRMAN
MR. PRABHAKAR PATKAR-590001
RESPONDENT
(BY SHRI. ASHOK A KULKARNI & SHRI. H.R.KAMBIYAVAR, ADVS.)
THIS CRIMINAL APPEAL IS FILED U/S 378 OF CR.P.C., SEEKING TO
GRANT LEAVE TO APPEAL AGAINST THE ORDER DATED 03.04.2021
PASSED
BY
THE
MAGISTRATE
OF
JMFC-III
COURT,
BELAGAVI
RECORDING THE CLOSURE OF THE CASE AGAINST THE ACCUSED
RESULTING IN ACQUITTAL OF THE ACCUSED IN CC NO.1057/2016 FOR
THE OFFENCE U/S 276CC OF THE INCOME TAX ACT, 1961, AND TO SET
ASIDE THE ORDER DATED 03.04.2021 PASSED BY MAGISTRATE OF JMFC-
III COURT, BELAGAVI AND RESTORE THE PROCEEDINGS IN CC
NO.1057/2016 FOR TRIAL OF THE ACCUSED FOR THE OFFENCE U