Kodikara Aarachchige Ranjith Kodikara vs. The Hon. Attorney General – CA/HCC/277/2016-2024

In the case between The Hon. Attorney General (on behalf of the State) and Kodikara Aarachchige Ranjith Kodikara, the court addressed whether funds advanced by the complainant under a sales agreement for property constituted criminal misappropriation under Section 386 of the Penal Code. It was held that the failure to register the notarial sales agreement amounts to, at most, a breach of civil contractual obligations and does not establish the dishonest misappropriation required for a criminal conviction. The decision reaffirmed the principle that criminal liability must be supported by clear evidence of dishonest intent or fraudulent conduct, and that matters of contractual breach absent such evidence do not suffice for criminal charges. Reliance was placed on statutory requirements disti

REF: CA/HCC/277/2016-2024 Category: Tag:
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