STATE OF GUJARAT Vs. VENISHANKAR KALIDAS BHATT

JUDGEMENT

(1.) This is an appeal by the State of Gujarat against the acquittal of the respondent who was charged with having committed an offence punishable under sec. 34 of the Bombay Money Lenders Act for having contravened sec. 18(2) of the same Act in that he did not send copies of the accounts in respect of three money-lending transactions dated 24-12-57 27 and 30-12-57 relating to loans advanced by him to Kisnad Group Co-operative Multi-purpose Society. The learned Judicial Magistrate First Class Broach who tried the case acquitted the respondent on the ground that a loan to a Co-operative society was not included in the definition of loan contained in section 2(9) of the Bombay Money- Lenders Act. On this ground he acquitted the respondent although according to the Magistrate all the facts about the advancing of the loans were admitted by the respondent who was accused.

(2.) In appeal it is contended by the learned Government Pleader on behalf of the State that the view taken by the learned Magistrate is erroneous. The learned counsel for the appellant supports the judgment of the learned Magistrate.

(3.) The questions for our decision are therefore: (1) whether the learned Magistrate erred in holding that a loan to a Co-operative Society is not included in the definition of loan contained in sub section (9) of section 2 of the Bombay Money Lenders Act and(2) whether the learned Magistrate erred in acquitting the respondent.