A. N. Banerjee, J.: These three Rules raise the common question as to whether in the circumstances the learned Magistrate was justified in discharging the accused opposite party under S. 245(2) of the Code of Criminal Procedure, 1973. It appears that on 22.8.73 one Bivas Chatterjee filed three petitions of complaint against him as an employee of M/s Concord of India Insurance Co. Ltd. The complainant Bivas Chatterjee also made it clear in his complaint that he was filing the complaint as an employee of the said Company on being duly authorised by the Company to file such complaint. It appears that in one of the cases Bivas Chatterjee was being examined as P. W. 1. In the other two cases one Monmohan Chatterjee was being examined as P. W. 1. On the date fixed for further evidence, an application was filed by the present petitioner T. Abraham supported by a medical certificate. It was stated in such application that the complainant Bivas Chatterjee who was authorised by the Company to file the complaint had an attack of Coronery Thrombosis and was still in bed and would not be in a position to conduct the prosecution nor give evidence in that case and that in such circumstanc