KAMAKSHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The accused in C.C.No.22406/ 1997 on the file of the learned X ACMM, Bangalore City, Bangalore which subsequently came to be re-numbered as C.C.No. 14544/ 1999 on the file of the learned Metropolitan Magistrate, I Traffic Court, Bangalore City, Bangalore (hereinafter referred to as "Trial Court" for short) has challenged in this revision the legality and correctness of the Judgment and Order of conviction and sentence dated 28.07.2000 passed in the said case convicting her for the offence under Section 4 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 (hereinafter referred to as "Prize Chits Act" for short). She has also challenged in this revision the correctness of the Judgment and Order dated 20/7/2006 passed in Crl.A.No. 15096/2000 on the file of the learned XIII Additional Sessions Judge, Mayohall Unit, Bangalore (hereinafter referred to as "Appellate Court" for short) confirming the Judgment and Order of conviction passed by the Trial Court.

(2.) Heard the arguments of Sri. Amaresh A. Angadi, the learned counsel for the revision petitioner-accused and Sri. Vijayakumar Majage, the learned High Court Government Pleader. Perused both the impugned Judgments and Orders and also the entire material found in the original records obtained from the Trial Court.

(3.) Sri. Amaresh A. Angadi, the learned counsel for the revision petitioner-accused strongly contends that the charge framed against the revision petitioner-accused in the Trial Court for the offence under Section 4 of Prize Chits Act do not attract the definition of "Prize Chit" as defined under Section 2(e) of the said Act and, therefore, conviction of the revision petitioner-accused under Section 4 of the said Act for contravention of Section 3 of the said Act which bans Prize Chit and Money Circulation Schemes cannot be sustained in law.