IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC SRI LANKA In the matter of application for Revision under in terms of Article 138 of the Constitution.

CA Case No: CPA/08/2025 Provincial HC of Colombo Case No:

: HCRA/REV/22/2024 Alliance Finance Company PLC No. 84, Word Place Colombo 07.

Plaintiff V.

Hewa Masmullage Tharusha Nethmina No. 218/9, Walpita Balawala Padukka Accused And Alliance Finance Company PLC No. 84, Word Place Colombo 07.

Plaintiff –Petitioner Vs.

1. Hewa Masmullage Tharusha Nethmina No. 218/9, Walpita Balawala Padukka Accused – Respondent

2. Hon. Attorney General Attorney General’s Department Colombo 12 Respondent AND BETWEEN Alliance Finance Company PLC No. 84, Word Place Colombo 07.

Plaintiff –Petitioner –Petitioner Vs.

1. Hewa Masmullage Tharusha Nethmina No. 218/9, Walpita Balawala Padukka Accused – Respondent– Respondent

2. Hon. Attorney General Attorney General’s Department Colombo 12 Respondent – Respondent Before : B. Sasi Mahendran, J.

Amal Ranaraja, J Counsel: Haritha Adhikary with Namal Rajamuni and Dhanushika G.

Dissanayake for the plaintiff- Petitioner Supported On: 04.03.2025 Written Submissions on: 14.03.2025 (by the Plaintiff- Petitioner Order On: 28.03.2025 B. Sasi Mahendran, J.

The Plaintiff - Petitioner- Petitioner (hereinafter referred to as the Petitioner) filed this application on 31.01.2025 seeking to revise and set aside the orders of the Learned Magistrate of Homagama dated 31.07.2024 and Provincial High Court of the Western Province holden in Homagama dated 04.12.2024.

According to the Petitioner, the Petitioner instituted an action in the Magistrate Court of Homagama under Section 136(1) of the Criminal Procedure Code against the Respondent on 07.06.2024 under charges of Sections 386 and 388 (389) of the Penal Code. Subsequent to the submissions of the Petitioner, the Learned Magistrate delivered the order on 31.07.2024 refusing to issue summons to the Respondent. Being dissatisfied with the said order, the Petitioner filed a revision application in the Provincial High Court of the Western Province holden in Homagama in terms of Article 154P of the Constitution read together with Article

138 of the Constitution and Section 7 of the Provincial High Court (Special Provisions) Act No. 19 of 1990. After the matter was supported, the Learned High Court Judge delivered the order dated 04.12.2024 refusing to issue notice to the Respondent on the premise that the Learned Magistrate was correct in dismissing the application by exercising his judicial discretion.

Being aggrieved by the said order, the Petitioner instituted the present revision application in this Court.

The question that we are faced with is whether this Court can exercise its revisionary jurisdiction in respect of the order of the High Court of the Provinces in the exercise of its revisionary jurisdiction in terms of Article 154P (3) (b) of the Constitution.

Originally, the revisionary jurisdiction was vested with the Court of Appeal under Article 138 of the Constitution.

Article 138 of the Constitution before the 13th Amendment reads as follows: “The Court of Appeal shall have and exercise subject to the provisions of the Constitution or of any law, an appellate jurisdiction for the correction of all errors in fact or in law which shall be committed by any Court of First Instance, tribunal or other institution and sole and exclusive cognizance, by way of appeal, revision and restitutio in integrum of all causes, suits, actions, prosecutions, matters and things of which such Court of First Instance, tribunal or other institution may have taken cognizance.”

After the 13th Amendment, according to Section 5 of the High Court of Provinces (Special Provinces) Act No. 19 of 1990 read with Article 154P (3) (b) of the Constitution enacted by the 13th Amendment, entitles any person to file a revision application in the High Court of the Province.

According to the judgment of the 13th Amendment to the Constitution (1987) 2 SLR 310, the Supre