By T. Farook Thajudeen
Mahara Magistrate issued summons on two leading Dehiwela businessmen to appear before the court on November 12 to inquire into an alleged case filed under Debt Recovery Act No 9 of 1994 and for criminal misappropriation of Rs 930, 000 by the defendants by issuing dishonoured cheques to the complainant.
Mahara Magistrate Sahan Mapa Bandara made this direction on the two defendants Sudarma Kanthi De Silva and A. R. E. De Silva of Dehiwela for issuing the dishonoured cheques to the plaintiff Maxima Line International (Private) Limited of No 282/01/01 of Kandy Road Paliyagoda on or about January 2, 2011
Counsel Sisira Siriwardena appearing for the plaintiff on the instruction of Saman Abeywickrama submitted that the two suspects acting with the common intention of as the Directors of their business had obtained Rs 930,000 from the complainant Maxima Line Private Limited of Peliyagoda and issued cheques from a private bank of Dehiwela for Rs 930,000 by well knowingly that the account does not have funds to honour the cheques and had caused an offence punishable under the Debt Recovery Act.
Further the counsel submitted that in the same transaction the defendants on obtaining the loan failed to repaying it to the complainant had maliciously utilized it for their own purposes causing monitory loss to the complainant which is punishable under the provisions of the Code of Criminal Procedure Act of 1979.