Procedure in trial of person under section 339

³⁴¹[(1) The Court trying under section 339 a person who has accepted a tender of pardon shall

(a) if the Court is ³⁴²[∗ ∗ ∗] Court of Session before the charge is read out and explained to the accused under ³⁴³[section 265D, sub-section (2)], and

(b) if the Court is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of the pardon was made.

(2) If the accused does so plead, the Court shall record the plea and proceed with the trial, and ³⁴⁴[∗ ∗ ∗] shall, before judgment is passed in the case find whether or not the accused has complied with the conditions of the pardon and if it is found that he has so complied, the Court shall, notwithstanding anything contained in this Code, pass judgment of acquittal.]