Ellawalla V. Inspector Of Police

1944 Present : Moseley S.P.J.

ELLAWALLA, Appellant, and INSPECTOR OF POLICE,
Respondent.

234-M. C. Colombo, 2,279

Cheating-One false representation-Three offences-Continuing representation-Penal Code, s. 398.

Where, on the strength of one expressed representations, which was false the accused was false the accused was charged with three offences of cheating committed within the course of three months-

Held. That the combination of three offences in one charge was not irregular if it could be inferred from all the circumstances that the representation was a continuing one.

APPEAL from a conviction by the Magistrate of Colombo.

H. V. Perera, K.C. (with him E. F. N. Gratiaen), for accused, appellant.

R. R. Crosette-Thambiah, C.C., for complainant, respondent.

Cur. adv. vult.

January 25, 1944. MOSELEY J.-

The appellant was convicted, on three counts, of cheating. He was charged with deceiving the Petrol Controller into the belief that coupons for an extra one hundred and fifty gallons per month were necessary for the requirements of the Aero Club of which the appellant was President, and that he thereby induced the Controller

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