Peiris Wimalasuriya vs Hewa Kasakara Annakkage Indrasiri – CA NO. 880/2000-2013

In the case between Peiris Wimalasuriya, Paramahankada, Passara (Plaintiff/Appellant) and Hewa Kasakara Annakkage Indrasiri, No. 524, Main Street, Passara (Defendant/Respondent), the court addressed the issue of whether the Plaintiff was entitled to recover Rs. 1,250,000 allegedly due on four cheques. The court held that no sufficient evidence had been provided regarding the genuineness and consideration of the cheques. The principle reaffirmed was that the claimant must establish the validity of the instrument and the consideration backing it. Reliance was placed on the evaluation of evidence presented at trial, and the consequence emphasized was that insufficient proof negates a claim for recovery based on negotiable instruments.

Upaly Abeyrathne J. — The findings established that the