IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal in terms of 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.

The Democratic Socialist Republic of Sri Lanka.

Court of Appeal Case No.

HCC/0003/20 Complainant High Court of Puttalam Case No. HC/100/2004 Vs.

Don Sydney Manikka Hettiarachchi.

Accused AND NOW BETWEEN Don Sydney Manikka Hettiarachchi.

Accused-Appellant Vs.

Hon. Attorney – General, Attorney General’s Department, Colombo 12 Complainant- Respondent BEFORE : MENAKA WIJESUNDERA, J WICKUM A. KALUARACHCHI, J COUNSEL : U.R. De Silva, PC with Savithri Fernando, Thilini Athapaththu for the Accused-Appellant.

Harippriya Jayasundera, ASG for the Respondent.

ARGUED ON : 09.09.2024 DECIDED ON : 08.10.2024 WICKUM A. KALUARACHCHI, J.

The accused-appellant was indicted in the High Court of Puttalam on 20 counts. The first count is committing Criminal Misappropriation of sum of Rs. 2,685,550/- belonging to the Kalpitiya Branch of the People’s Bank during the period of 31st of January 2001 to 06th September 2001, an offence punishable under