150 of 1956 arising out of the order dated February 2, 1956, of Shri K. L. Pandey, Special Magistrate at Nagpur in Criminal Case No.
On January 14, 1956, the appellant made an application to the Magistrate claiming the right to appear as a witness on his own behalf under s. 342A of the amended Code in disproof of the charges made against him .
Appeal by special leave from the order dated May 28, 1956, of the former Nagpur High Court in Criminal Revision No.
In this judgment it will be referred to as the Amending Act and the Code of Criminal Procedure as the Code.
178 of 1957.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Judgment of the Court was delivered by KAPUR J. This is an appeal against the judgment and order of the High Court of Nagpur companyfirming the decision of the Special Magistrate disallowing the application of the appellant to give evidence as a witness under s. 342A of the Criminal Procedure Code.
The Advocate General of Madhya Pradesh, on January 13, 1953, filed a companyplaint against the appellant and three others under s. 282 of the Indian Companies Act and ss.
On August 12, 1955, the Criminal Procedure Code Amendment Act 26 of 1955 received the assent of the President and came into force on January 2, 1956.
Patnaik, for the appellant.
N. Bindra and R. H. Dhebar, for the respondent.
May 22.
The proceedings companymenced in 1954 before a Magistrate but on May 18, 1955, they were transferred to a Special Magistrate who companymenced the recording of evidence on July 4, 1955.
465 and 477A of the Indian Penal Code.
I of 1955.
