( 1 ) IN these two revision applications the applicant-original accused has challenged the order of the learned Metropolitan Magistrate refusing to stay the criminal prosecution and has relied upon the circumstance that he has already made an application to the Settlement Commission under sec. 245 (H) of the Income Tax Act for granting immunity from prosecution. That section reads as follows: 245 (h) (i) The Settlement Commission may if it is satisfied that any person who made the application for settlement under sec. 245c has co-operated with the Settlement Commission in the proceedings before it and has made a full and true disclosure of his income and the manner in which such income has been derived grant to such person subject to such conditions as it may think fit to impose immunity from prosecution for any offence under this Act or under the Indian Penal Code (45 of 1860) or under any other Central Act for the time being in force and also (either wholly or in part) from the imposition of any penalty under this Act with respect to the case covered by the settlement.

( 2 ) IN Criminal Case No. 580 of 1985 the learned Chief Metropolitan Magistrate has passed the f