GUNIJEE v. SILVA.

P. C., Colombo, Letter B.

Criminal Procedure-Refusal to issue process-Examination of complainant-cheating-Proof of invalid deed in, support of charge.

On a plaint being presented to a Police Magistrate he refused to issue process, being of opinion, having read the plaint, that the complainant would not be able to prove his case-

Held, that the Magistrate ought to have examined the com" plainant, and until he had done so it was impossible for him to say that no charge could be made out against the accused. ,
 

In a prosecution for cheating by dishonest inducement to part with a sum of money, it is open to the complainant to show the circumstances in which he parted with his money; and, if one of those circumstances was an agreement of no force or avail in law, as it had not been reduced to writing as required by section 21 of Ordinance No. 7 of 1840, the complainant would still be entitled to prove such agreement.

THE facts of the case sufficiently appear in the judgment.

Pereira, for complainant, appellant. Morgan, for accused, respondent.

12th July, 1895. Bonser, C.J.-

This is an appeal from a decision of Mr. Moor,