Alliance Finance Company Limited v. Yeshan Mark Harindra Samarakoon – CA PHC/APN/67/2015-2017

In Alliance Finance Company Limited v. Yeshan Mark Harindra Samarakoon, the court addressed the validity of a private plaint filed for the offence of issuing a dishonoured cheque under Section 25(1) of the Debt Recovery (Special Provisions) Act No.2 of 1990. It was determined that the Board resolution provided by Alliance Finance sufficiently authorized its representative to institute criminal proceedings, and the absence of the resolution as an attachment to the initial complaint did not render the plaint invalid. The objections by the Defendant regarding lack of consideration, prior arbitration, and the effect of civil proceedings on criminal liability were rejected. The judgment reaffirmed that criminal liability for issuing a dishonoured cheque is distinct from civil consequences and r