Kapila Nishshanka Kumarage vs. Officer-in-Charge of the Special Crimes Investigation Bureau – SC APPEAL NO. 51/18-2021

The case between the Special Crimes Investigation Bureau officer (of Ratnapura Police) representing the State and Kapila Nishshanka Kumarage addressed the issue of whether tendering a cheque drawn from a closed bank account amounted to deception constituting the offence of cheating. The court held that the tendering of the cheque did not induce the loan since the decision to advance the loan was based on pre-existing trust rather than the cheque serving as security. The decision relied on detailed examination of the evidence and relevant provisions of sections 398 and 403 of the Penal Code, reaffirming that insufficient evidence existed to establish the required dishonest intention.

Yasantha Kodagoda, PC, J. — It was determined that a detailed background of events and a comprehensive l