Present: Schneider and Dalton JJ. and Jayewardene A.J.

THE KING v. SENEVIRATNE.

No. (2), 3rd Western Circuit, PC. Colombo, 254.

    Evidence-Charge of cheating and criminal breach of trust-Proof of similar acts-System-Intent of accused-Series of occurrences- Jurisdiction of Court-Evidence Ordinance, ss. 14 and 15- Courts Ordinance, s. 90.

The accused was charged on four counts in the indictment with cheating and criminal breach of trust in respect of a money transaction in which he acted as Notary Public for two of his clients, E and Mrs. P.
On December 21,1920, the accused raised a sum of Rs. 5,000 for E on the primary mortgage of a land, the lender being one Welsh. Within a few weeks accused informed E that Welsh had recalled the loan, and that Mrs. P. was willing to lend a sum of Rs. 6,250 on a primary mortgage of the same land. Accordingly, on January 21, 1921, a bond was executed by E for the sum, of which Rs. 750 was paid to E, and Rs. 5,000 was retained by the accused to pay off Welsh and to obtain a cancellation of his bond, which the accused failed to do. The accused was then charged as stated with cheating and criminal breach