Ali J:

The appellant was convicted by the president, sessions Court, Batu Pahat, for an offence of cheating under s. 420 of the Penal Code and was sentenced to four months' imprisonment.

The prosecution's case briefly was that the appellant had obtained a sum of $200 from the complainant, Hamzah bin Haji Mohamed Som, PW3, on a false representation that the money was required for an interview to be held for the purpose of selecting candidates to fill the vacancies of religious teachers. The complainant was one of the candidates. That the money consisting of two $50 notes and ten $10 notes was paid to the appellant on 12 April 1967 was established by the evidence of the complainant himself, his father (PW7), and another witness named Mohamed Rajlis bin Murib, PW10. The payment was made at the appellant's house. On the evidence before him the learned president was fully justified in his conclusion that money had passed. But this finding alone was not sufficient to support a charge of cheating. There must in addition be evidence to show that the complainant was induced to make the payment by a false representation moving from the appellant or to use the words in the charge "b