Gowri Somasundaram vs Officer In Charge Financial and commercial Crimes Investigations Unit – CA-WRT-229-23-2024

In the case between Gowri Somasundaram (Petitioner) and the Officer In Charge, Financial and Commercial Crimes Investigations Unit, Criminal Investigation Department, Colombo 01, and Suranjani Wickrameratne (Respondents), the issue concerned whether certain financial transfers constituted a commercial transaction or amounted to dishonest misappropriation under relevant Penal Code sections. It was determined that the evidence established the funds in question were transferred as a transaction fee intended for investment purposes and not misappropriated by the Petitioner. The findings established that no fraudulent or dishonest intention was demonstrated, thus precluding the imposition of criminal liability. Consequently, an order was made for the issuance of a writ of prohibition, preventin