King V. Lavena Maricar

Present : Mr. Justice Middleton.

THE KING v. LAVENA MARICAR.

D. C. (Criminal), Colombo, 1,761.

Cheating-Concealing fact. of seizure from mortgage-Inmmbramee-Fraud-Penal Code, s. 403.

    A person who obtains money on a mortgage of property, which at the date of such mortgage is under seizure, by concealing from the mortgagee the fact of such seizure, is guilty of cheating under section 403 of the Penal Code.

    Emperor v. Bishan Das1 referred to.

    APPEAL by the accused from a conviction by the Additional District Judge of Colombo (E. E. Ondaatjie, Esq.) under section 403 of the Penal Code.

    The facts are fully out in the judgment.

    Van Langenberg (H. Jayewardene with him), for the accused, appellant.

    W. de Saram, C .C., for the Crown.

Cur. adv. vult.

    November 21, 1907. MIDDLETON J.-

    In this case the appellant has been convicted of cheating under section 408 of the Penal Code and sentenced to six months' imprisonment.

    The facts constituting the alleged offence were, that while the appellant was in treaty with Mr. Pedris, Proctor, on behalf of a client for the transfer of a mortgage given by Mr. Hunter on cer

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