Judgment

GOSWAMI, J.- In these appeals a common question of law arises for consideration. We will therefore refer to the facts as appearing in Civil Appeal No. 1134 of 1973 to decide the issue and our decision will govern these appeals.

2. We are informed that the sole appellant in Criminal Appeal No. 319 of 1974 died. The said appeal, therefore, abates and is dismissed.

3. Civil Appeal No. 1134 of 1973 is directed against the judgment of the Division Bench of the Calcutta High Court whereby the earlier judgment of the single Judge was reversed. The facts so far as material may be briefly stated:

On or about May 27, 1967, a case was lodged by the Deputy Superintendent of Police, Central Bureau of Investigation, Sub-Division, Calcutta, against R. C. Bhattacharjee who was an ex-Mojor of the Indian Army and Manmal Bhutoria (hereinafter, the respondent) who was a businessman. It was alleged that R. C. Bhattacharjee in collusion and conspiracy with the respondent had accepted certain tenders from a fictitious nominee of the said respondent for supply of certain stores to the military authorities at a price exceeding the price quoted by the other tenderers and thereby caused substantial loss