The question involved in this case is a fairly interesting interplay of - Section 91 of the Code of Criminal Procedure {for short "the Code"} and Sections 131, 139 and 165 of the Evidence Act -in the context of the protection available to a person under Article 20(3) of the Constitution of India. Elaborate arguments were addressed by learned counsel for the petitioner Sri.Santhosh P.Poduval and Sri.John S.Ralph, appearing for the party respondent.

2. Thepetitioners are accused 1 and 2 in C.C.No.198/00 on the file of the Chief Judicial Magistrate, Thrissur, involving offences under Sections 3, 4 and 5 of the Prize Chit and Money Circulations Banning Act, 1978 {for short the Act}.

3. It is the complainants case that he is a share holder in the 1st accused company. Accused 2 to 12 are the Directors and 13th accused is the Manager of the 1st accused. Accused 2 to 13 are responsible for the conduct of the business of the company and its day to day affairs. That the accused, with the dishonest intention to cheat the public and cause wrongful loss to them and thereby to achieve illegal gain to the company, decided to conduct 15th monthly chit to be started on 112.1998; that the