WICKUM A. KALUARACHCHI, J.

The accused-appellant was indicted on three counts. He was acquitted on the first and third counts, but convicted and sentenced on the second count. The second count is for fraudulently or dishonestly using as genuine, a document that he knew or had reason to believe to be a forged document by handing over a cheque valued at Rs. 480,000 to Joseph Thambirajah, Manager of the Hatton National Bank, Chetty Street, an offence punishable under section 454 read with 459 of the Penal Code.

At the time of the incident, the accused-appellant was a peon employed in the Colombo Municipal Council. He was attached to the Accounts Division of the Municipal Treasurer’s Department. According to the prosecution, two cheques marked පැ1 and පැ2 which purported to be forged cheques, were credited into two separate accounts at the Seylan Bank and Hatton National Bank. P1 is the cheque relating to the second count that was presented to the Hatton National Bank.

Evidence had been led to establish that the account in HNB has been opened in the name of one Murdala Ralalage Kumara Wijesighe. Such a person, however, could not be found. The cheque for Rs.480,000/-, marked P1, had been d