The Appellant was charged with obtaining money by false presence contrary to section 302 of the Penal Code [Cap 16 R.E. 2002]. PW1 testified that the Appellant approached him with a view to securing an overdraft to boost his businesses from the Bank. The Appellant wanted to borrow Tshs. 33 Million. PW1 assisted the Appellant and the Bank approved Tshs. 20 Million only. However, while the Appellant’s loan was being processed, he approached him and asked him for a loan of Tshs. 7 million. He gave him. Thereafter the Appellant kept on asking him on diverse dates to advance him loan which he gave him. It is his evidence that he either gave it to the Appellant or his son one John Pius. The total a sum of the loan he gave the Appellant was Tshs. 139 Million. However, PW1 was not forth coming in explaining how he gave such huge sum of money to the Appellant. It is this arrangement which PW1 said when he was asked by the Appellant that it was “a personal arrangement” between him and the Appellant.