1961 Present : Basnayake, C. J., and Sansoni, J.

E. P. SENEVIRATNE, Appellant, and THAHA, Respondent

S. C. 368-D. C. Colombo, 21607/S

Jurisdiction-Cheque-Dishonour-Court where action should be instituted.

The defendant, who was residing at Panadura, drew a cheque in favour of the plaintiff payable at the Panadura Office of the Bank of Ceylon. When the cheque was dishonoured at Panadura, the plaintiff instituted the present action in the District Court of Colombo for the recovery of the amount of the cheque.

Held, that the cause of action arose in Panadura and the District Court of Colombo had therefore no jurisdiction to hear the case.

APPEAL from a judgment of the District Court, Colombo.

H. W. Jayewardene, Q. C., with B. J. Fernando, for Defendant-Appellant.

K. Shinya, with Nimal Senanayake, for Plaintiff-Respondent.

March 15, 1961. BASNAYAKE, C. J.-

The plaintiff instituted this action against the defendant for the recovery of a sum of Rs. 7,500. He pleaded that the defendant at Colombo within the jurisdiction of the District Court of Colombo by his cheque No. B 376588 dated 29th December, 1954, directed the Bank of Ceylon, Panad