B.W. Kamesh Malwana vs. Warnakulasuriya Wijesinghe Chatura Manaram Perera Gunethileke & The Hon. Attorney General – HCRA 59/2021-2024

In the case between B.W. Kamesh Malwana (Plaintiff-Petitioner) and Warnakulasuriya Wijesinghe Chatura, Manaram Perera Gunethileke, Faith And Hope (Private) Limited, and the Hon. Attorney General (Accused-Respondents), the court addressed the legality of the Magistrate of Colombo’s refusal to issue summons under a private plaint based on a dishonoured cheque, and the subsequent dismissal of the petitioner’s revision application by the High Court. It was held that sufficient evidence existed to establish the statutory requirements for proceeding under section 25(1) of the Debt Recovery (Special Provisions) Act. The prior dismissals were found to misapply the necessary legal principles, particularly regarding the consideration of evidence for criminal intent. The decision set aside both the M