Carey vs De Silva – clr volume 1 page 049

In the case between Mr. Carey (Plaintiff) and De Silva (Defendant), the court addressed the issue of whether a charge of cheating by obtaining money through false pretense must specify the means—specifically, the false representation—by which it was effected. It was held that for a conviction under the Penal Code for obtaining money by false pretense, the charge must detail the specific false pretense alleged, and the prosecution must prove that the accused had no intention of fulfilling the promise at the time it was made. This principle affirms the requirement for precision in criminal pleadings and the necessity of demonstrating fraudulent intent, relying on established interpretations of the Penal Code and relevant case law. The decision underscored that mere breach of contract is insu