SILVA  v.  SILVA.

P.  C.,  Colombo,  85,874.

Criminal Procedure Code, s. 152 (3)-" May properly be tried summarily "- Summary trial of offence triable by District Court-Discretion of Judge -Duty of Judge to record reasons for entering upon trial of such cases -Power of Supreme Court to review the reasons given.

    The question whether a case may be properly tried summarily, under section 152 (3) of the Criminal Procedure Code, is within the province of the Supreme Court to review on appeal, and in that of the Attorney-General to prevent, should he think it necessary to act under section 390.

    It is the duty of the Magistrate acting under section 152 (3) to state his reasons for the opinion that the offence may be properly tried summarily.

    Any case which cannot be tried shortly and rapidly in point of matter and time, which involves any complexity of law, fact or evidence, and double theory of circumstances, or any difficult question of intention or identity, or in which the punishment ought really to exceed two years, is one that is not properly triable summarily.

THIS was a charge of cheating laid under section 403 of the Penal