But Chivayo's alleged accomplice, Genius Kadungure, had his application for discharge dismissed by magistrate Morgan Nemadire, who ruled that he must answer to why the complainant's money ended up in his company Pioneer Gas' bank account.
In acquitting Chivayo, magistrate Nemadire said Chivayo had no link to the crime.
Nemadire said both complainants Ivan Gatawa and Nduna were surprised by Chivayo's appearance in court.
"The prosecution, in requesting Chivayo to be put on his defence, is like a footballer falling in the middle of the ground and expecting a penalty," Nemadire said.
However, magistrate Nemadire said Kadungure must answer to the court why the complainant's money ended up in his account and why he had paid back some of the funds.
"There's no nexus connecting Chivayo to the charges of fraud. The matter is a vexing one as it's a cybercrime. What's perplexing is why Kadungure paid some money to Gatawa towards a matter related to this one, and he should, therefore, go to the defence as he has a case to answer," Nemadire said.
Chivayo was represented by advocate Lewis Uriri and Wilson Manase, while Kadungure is being represented by Jonathan Samkange.
The duo was accused of swindling Gatawa and Nduna of R1,5 million in a purported pump supply deal in 2012.
