JUDGMENT

P. Kumararatnam, J.

This is an application preferred by the Complainant-Petitioner (Hereinafter referred to as the Petitioner) challenging the order delivered on 27.04.2023 by the learned High Court Judge of Colombo accepting the preliminary objections raised by the Accused-Respondent (Hereinafter referred to as the Respondent) before the commencement of the trial.

The Respondent was indicted in the High Court of Colombo for criminal offences allegedly to have been committed between 10.03.2015 to 10.06.2016. The charges in the indictment are reproduced below:

1. That on or about 10^th of March 2015 to 10^th January 2016 at Colombo, the Accused was indicted for cheating a sum of Rs. 7,945,000.00 from Govindasami Vijayakumar, an offence punishable under section 403 of the Penal Code.

2. That at the same time, at the same place and in the course of the same transaction on or about 29^th of April 2015, the Accused by drawing No. 519614, a dishonoured cheque of Rs. 500,000.00 from Account No 0002068082 of Bank of Ceylon Bandarawela branch, knowing that the current account has insufficient funds, committed an offence punishable under section 25(1) read with Section 25(1)(a) of the Debt