1918 Present : Bertram C.J.

THE KING v. SILVA.

149-D. C. (Crim.) Galle, 14,136,

Cheating-Borrowing money by uncertified insolvent without disclosing the fact of his insolvency-Penal Code, s. 398.

The accused borrowed a sum of money from a money lender without disclosing to him that he was at the time an uncertified insolvent. The certificate had not at that time been refused, but was refused subsequently to the loan.

Held, that the accused was not, in the circumstances of this case, guilty of cheating.

THE facts appear from the judgment.

Bawa, K.C, and J. S. Jayawardene, for accused, appellant.

Obeyesekere, C.C., for the Crown.

Cur. adv. vult.

August 29, 1918. BERTRAM C.J.-

In this case the appellant has been convicted of cheating, on the ground that he borrowed Rs. 500 from the prosecutor, a Chetty, without disclosing to him that at the time he was an uncertificated insolvent. The certificate had not at the time been refused, but was refused subsequently to the loan.

It was contended before the District Judge that the facts did not disclose the offence of cheating, on the ground that there was no legal duty upon the borrower to disclose the