Taian Lanka Steel Company Private Limited vs Eastern Marketing and Hardwares and others – CA PHC 0035/21-2024

In the case between TAIAN LANKA STEEL COMPANY PRIVATE LIMITED (Appellant/Complainant-Petitioner) and EASTERN MARKETING AND HARDWARES (partners — Weerayya Raja and Sothirasa Nishanthani), the court addressed the issue of the legal sufficiency of evidence required for issuing summons in instances where cheques were dishonoured due to a closed bank account. It was determined that the statutory threshold under section 25(1)(b) of the Debt Recovery (Special Provisions) Act and section 136(1)(a) of the Code of Criminal Procedure was met based on the materials filed by the appellant, which included affidavits, a witness list, and cheque return notifications. The need for a prior police complaint and supplementary bank report was found to be unnecessary. Prior orders refusing to issue summons wer