Kumarage vs. Officer-in-Charge, Special Crimes Investigation Bureau, Ratnapura and Another – sllr 2021 volume 2 page 202

In Kumarage v. Officer-in-Charge, Special Crimes Investigation Bureau, Ratnapura, the court addressed whether the act of tendering a cheque constituted deception sufficient for the offence of cheating under the relevant penal provisions. It was held that the prosecution failed to prove that the cheque was the sole inducement or that the accused possessed the necessary dishonest intention (mens rea) at the time of the alleged offence. The findings established that the complainant extended a loan based on pre-existing trust rather than on the security of the cheque, and thus the elements required to sustain a conviction for cheating were not satisfied. The decision reaffirmed the principle that for cheating to be established, deceptive inducement and dishonest intention must be proven beyond