Present: Jayewardene A. J.

SILVA v. RAHIMAN.

465-P. C. Balapitiya, 3, 950.

Appeal-Order of discharge-Sanction of Attorney-General-Criminal Procedure Code, s. 191-Cheating-Penal Code, ss. 400 and 403.

An order of discharge under section 191 of the Criminal Procedure Code does not amount to an acquittal, and an appeal lies to the Supreme Court from such an order without the sanction of the Attorney-General.

Where a person is charged with cheating and delivery of property has been the result of the deception, the offence disclosed is one under section 403 and not under section 400 of the Penal Code.

THE accused was charged with cheating under section 400 of the Penal Code by inducing the complainant to pay Rs. 100 on the promise of delivering some rubies. After the evidence of the complainant, the Acting Police Magistrate directed summons to issue on the accused. When the accused appeared on February 25, 1924, before the permanent Magistrate, he was charged from the summons and made a long statement. On March 10, the Magistrate without allowing the complainant to lead any further evidence acquitted the accused. The complainant appealed against