Segusahib Mohamed Aswer vs Hon. Galan Silva – CA WRIT/277/2017-2017

In the case between Segusahib Mohamed Aswer (Petitioner) and Hon. Galan Silva, Magistrate’s Court, Kandy, Magistrate’s Court, Kandy, and Hon. Attorney General (Respondents), the court addressed whether the Magistrate was legally compelled to accept a private plaint and issue summons in allegations concerning the unilateral alteration of loan interest rates by a finance company. It was held that the issuance of summons under section 139(1) of the Criminal Procedure Code is a matter of judicial discretion and not a mandatory act. The principle reaffirmed is that a Magistrate may decline to issue summons and need not call witnesses if, upon review of the plaint, no offence is disclosed. The findings relied on relevant provisions of the Criminal Procedure Code and established that disputes ove