Present: Middleton J.

THE KING v. FERNANDO.

Attempting to cheat by false personation-Fraudulent and dishonest- Ceylon Penal Code, ss. 398, 402, and 490.

The accused produced one Isa before a notary and falsely pretended that Isa was one Ligona, and eneavoured to get a deed of mortgage executed by the notary in favour of one Arumugam Chetty with the object of obtaining a loan from him.

Held, that the accused was guilty of attempting to cheat the Chetty.

Middleton J.-As regards the first count (attempting to cheat the notary), there is no evidence given by the notary to prove that a personation would affect his reputation, although I have very little doubt that it might have done so if the personation had succeeded and had been subsequently repudiated by the accused.

THE facts are set out in the judgment of the learned District Judge (J. Scott, Esq.): -

The facts in this case are practically admitted by the defence. The accused in October last came to Negombo with a. title deed of his mistress Ligona in his pocket in order to raise a sum of money on it. Ligona did not accompany him. He went to a Chetty, who agre