Judgement

BHAGWATI J. - This appeal with special leave under Art. 136 of the Constitution is direct against a judgment of the High Court of Judicature at Bombay setting aside the acquittal of the appellant by the, Court of the Presidency Magistrate. 19th Court, Bombay and ordering his retrial by the Court of the Special Judge, Greater Bombay in accordance with the Provisions of the Criminal Law Amendment Act, 1952 (Act XLVI of 1952).

2. The appellant was accused 3 in the Court of the learned Presidency Magistrate. Accused 1 was the Mehta in the employ of a firm called Messrs M.M. Baxabhoy & Co., accused 2 was the manager of the said firm. The appellant and accused 4 and 5 were Receivers of the firm, in litigation in regard to it. They were all charged with offences under S. 161 read with S.116 and further read either with S.109 or S.114 of the Indian Penal Code for offering to one Jibhai Chhotalal Barot, a sub-inspector of police attached to the Anti-Corruption Branch of the C.I.D. the sum of Rs. 1,25,000 as illegal gratification other than legal remuneration as a motive or reward for his showing favour to the accused and to the firm Messrs M. M. Baxabhoy & Co. in the exercise of hi