1943 Present: Soertsz and Hearne JJ.

THE KING v. SUNDERAM et al.

79-80 D. C. (Crim.) Jaffna, 4,230

Joinder of charges-Conspiracy to commit three offences of cheating and forgery- Charge of three conspiracies committed in one transaction-No illegality- Failure to frame separate charges for each offence-Curable irregularity- Criminal Procedure Code, ss. 178, 179, 180 (1).

Section 178 of the Criminal Procedure Code, which lays down that there shall be a separate charge for ach distinct offence, includes offences committed on different occasions even though they fall under the same section, but non-compliance with the section in regard to the frame of the charge is a curable irregularity.

Where the offences of cheating, consisting of three acts committed within the space of twelve months, and forgery are committed in the course of one transaction, they may be tried together and included in the same indictment.

Where accused persons are charged with three conspiracies committed not within the space of twelve months but in the course of the same transaction and with the offences committed in pursuance of those conspiracies,-

Held, tha