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2025 Supreme(SRI)(CA) 356
IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Appeal made under Section 331(1) of the Code of Criminal Procedure Act No.15 of 1979 read with Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
Court of Appeal No: The Hon. Attorney General CA/HCC/0155/2023 Attorney General’s Department High Court of Colombo Colombo-12.
Case No: HC/1946/20 COMPLAINANT-APPELLANT Vs.
Subramanium Sabapathi No.07, Jalashakanda, Bandarawela.
ACCUSED-RESPONDENT BEFORE : P. Kumararatnam, J.
R. P. Hettiarachchi, J.
COUNSEL : Wasantha Perera, DSG, for the Appellant.
Shyamal A.Collure with Prabath S.Amarasinghe for the Respondent.
ARGUED ON : 02/10/2025 DECIDED ON : 30/10/2025 ********************
Wasantha Perera, DSG, for the Appellant. Shyamal A.Collure with Prabath S.Amarasinghe for the Respondent.
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 10th of March 2015 to 10th 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 29th 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 Recovery (Special Provisions) Act No 02 of 1990 as amended by Debt Recovery (Special Provisions) Act No 09 of 1994.
3. That at the same time, at the same place and in the course of the same transaction on or about 14th of May 2015, the Accused, by ordering the Bank of Ceylon Bandarawela branch to pay Rs. 500,000.00 using a cheque No. 525485, under Account No 0002068082 and subsequently making a counter-order with dishonest intention, committed an offence punishable under section 25(1) read with section 25(1)(b) of the Debt Recovery (Special Provisions) Act No 02 of 1990 as amended by the Debt Recovery (Special Provisions) Act No 09 of 1994.
4. That at the same time, at the same place and in the course of the same transaction on or about 17th of June 2015, the Accused by ordering the Bank of Ceylon Bandarawela Branch to pay Rs. 540,000.00 using a cheque No. 529856, under Account No 0002068082 and subsequently making a counter-order with dishonest intention, committed an offence punishable under section 25(1) read with section 25(1)(b) of the Debt Recovery (Special Provisions) Act No 02 of 1990 as amended by the Debt Recovery (Special Provisions) Act No 09 of 1994.
5. That at the same time, at the same place and in the course of the same transaction on or about 15th of March 2015, the Accused by ordering the Bank of Ceylon Bandarawela branch to pay Rs. 500,000.00 using a cheque No. 525487, under Account No 0002068082 and subsequently making a counter-order with dishonest intention, committed an offence punishable under section 25(1) read with section 25(1)(b) of the Debt Recovery (Special Provisions) Act No 02 of 1990 as amended by the Debt Recovery (Special Provisions) Act No 09 of 1994.
6. That at the same time, at the same place and in the course of the same transaction on or about 12th of September 2015 the Accused by ordering the Bank of Ceylon Bandarawela branch, to pay Rs. 500,000.00 using a cheque No. 548016 under Account No 0002068082 and subsequently making a counter-order with dishonest intention, committed an offence punishable under section 25(1) read with section 25(1)(b) of the Debt Recovery (Special Provisions) Act No 02 of 1990 as amended by the Debt Recovery (Special Provisions) Act No 09 of 1994.
7. That at the same time, at the same place and in the course of the same transaction on or about 28th of September 2015 the Accused by ordering the Bank of Ceylon Bandarawela branch, to pay Rs. 100,000.00 using a cheque No. 525480 under Account No 0002068082 and subsequently making a counter-order with dishonest intention, committed an offence punishable under section 25(1) read with section 25(1)(b) of the Debt Recovery (Special Provisions) Act No 02 of 1990 as amended by the Debt Recovery (Special Provisions) Act No 09 of 1994.
8. That at the s
