Ruwan Prabath Abeyweera Gunawardana Vs. Financial Crimes Investigation Unit 4 & Hon. Attorney General – CA PHC 164/2018-2018

In the case between Ruwan Prabath Abeyweera Gunawardana (Accused/Appellant) and the Financial Crimes Investigation Unit 4, the Hon. Attorney General’s Department, and others (Complainants/Respondents), the court addressed whether the act of issuing cheques—allegedly as security, with subsequent settlement of dues—constituted an offence under the Debt Recovery Act when the cheques were drawn on an account with insufficient funds. It was held that issuance of cheques as security, where evidence established that the underlying debts were settled, does not amount to a criminal offence merely by reason of the cheques being dishonoured. The principle reaffirmed was that intent and purpose behind cheque issuance are determinative in establishing criminal liability, rather than dishonour alone. Re