JUDGMENT

V.A. Mohta, J. - Against an order of acquittal from an offence of promoting a "prize chit" in contravention of section 3 and punishable under section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, ("the Act"), the State has filed the present appeal with leave under section 378 of the Code of Criminal Procedure. The complainant H.R. Pahuja at whose instance the police machinery was moved, has also filed a criminal revision. Both the matters are heard together.

2. The basic facts are not in dispute. The firm M/s. Ganesh Traders - (described as Company) sponsored a gift scheme for getting a Rajdoot Motor-cycle. Eleven ingredients and conditions of the scheme printed overleaf the application form for membership are: (i) the membership fee will be Rs. 11/- and each group shall consist of 200 members; (ii) every member will have to deposit a sum of Rs. 330/- per month for a period of 30 months; (iii) installment will have to be deposited in the office every month between 1st to 10th. In the event of a member not depositing the installment in time he would be declared as a defaulter and the rule applicable to a defaulter member would be applicable to him;