JUDGMENT :

K. Subba Rao, J.

1. This appeal by special leave is preferred against the judgment of the High Court of Judicature at Bombay setting aside the order of the Presidency Magistrate, 16th Court, Esplanade, Bombay, framing charges and committing all the accused, except accused No. 3, to sessions.

2. Briefly stated the case of the prosecution is as follows: The Colaba Land and Mills Company Limited (hereinafter called the Company) is a public limited company incorporated in Bombay on July 1, 1880. In the year 1949 Vasudeo Jwalladutt Pilani (hereinafter called accused No. 1) became the Chairman of the Board of Directors of the Company and on July 20, 1950, he became its Managing Director. His step-brother, Kishenprasad Jwalladutt Pilani (hereinafter called accused No. 2) was appointed as one of the Directors of the Company on May 18, 1948. In March 1949 accused No. 1 took some employees of the Company in his confidence and told them that they should arrange for payment of at least Rs. 10,000 per month to him from the stores of the Company. To implement this object, from the date of the said arrangement until March 1956, accused Nos. 1 and 2 with the help of accused Nos. 3 to 16--