( 1 ) THIS appeal is by special leave under Section 417, Sub-section (3) of the Code of Criminal Procedure against an order of acquittal passed by Sri S. K. Ganguli, Presidency Magistrate, Calcutta on 16-9-1949. The appellant, Sanatan Daw was the Director and Managing Partner of the Electric Supply Co. Ltd. of Burdwan. The Respondent, Dasarathi Tah was the Editor, Printer and Publisher of a weekly Bengali paper named 'damodar' printed and published from Birhata, in the District of Burdwan. The appellant on 24-6-1957 filed a complaint before the Additional Chief Presidency Magistrate, Calcutta against the Respondent alleging that the Respondent had defamed the Appellant by publishing in his weekly paper 'damodar' an editorial article on 15-4-1957. The learned Additional Chief Presidency Magistrate summoned the Respondent and the case then went to trial. On 20-10-1957, Sri J. C. Chakravartti, Presidency Magistrate, who was trying the case, after examining a number of witnesses, refused to frame a charge and by his order discharged the Respondent under Section 253, Sub-section (1) of the Code of Criminal Procedure. Against this order of discharge, the High Court was mov