JUDGMENT

Special leave granted.

2. Prabhat Kumar Bose, the appellant has preferred Criminal Appeal No. of 1992 (arising out of S.L.P. No. 2211/ 89) challenging the order dated 12-7-89 of the High Court of Calcutta made in Crl. Revision Case No. 1570 / 88 whereby the High Court has set aside the order of the Metropolitan Magistrate discharging the appellant No. 1 under S.245(1) of the Code of Criminal Procedure.

3. The appellant in Criminal Appeal No. of 1992 (arising out of S.L.P. (Crl.) No. 2212/89) namely, Shibdas Dutta is challenging the above mentioned same order of the High Court reversing the order of the Metropolitan Magistrate discharging the second appellant.

4. As both the appeals arise out of a common order we make the following common judgment :

The first respondent filed a private complaint against both these appellants on the allegations that in November, 1980, the appellants in pursuance of a conspiracy induced the respondent/complainant to pay Rs. 50,000/- for purchasing the shares of the companies named as M/s. GDA Chemicals Ltd. and Ganguly Bhaduri & Co. Ltd. and also to pay further sum of Rs. 10,000/- and Rs. 2,000/- for purchasing shares in other companies on the pro