KUMARAGE

Vs.

OFFICER-IN-CHARGE, SPECIAL CRIMES INVESTIGATION BUREAU,  RATNAPURA AND ANOTHER

SUPREME COURT
JAYAWARDENA, J.
DEHIDENIYA, J.
KODAGODA, J.
SC/APPEAL/51/2018
HC/APPEAL/HCR/APL/42/2014
MC RATNAPURA 68675
AUGUST 4, 2020

Criminal law-Penal Code, sections 398, 400, 401, 402, 403-Code of Criminal Procedure Act, No. 15 of 1979, sections 136, 165-Penal Code of India, section 415-Evidence Ordinance, sections 7, 8, 14, 15, 54-Cheating-Deception-Dishonesty-Causal connection between deception and parting with the property-Admissibility of evidence of bad character-Application of foreign judgments in Sri Lanka

The accused-appellant was charged in the Magistrate's Court with cheating, criminal breach of trust and criminal misappropriation on a dishonoured cheque issued by him to the virtual complainant. The cheque was given voluntarily as assurance for due payment of a loan obtained previously. After trial, the appellant was convicted of all three offences and sentenced to a term of one year rigorous imprisonment and a fine of Rs. 1,500 for each offence. On appeal, the High Court acquitted him of the second and third charges but affirmed the convictio