Accused agrees to pay money back

HC allows to settle the case:

Sandasen MARASINGHE

COLOMBO: Colombo High Court Judge Sunil Rajapakse allowed the withdrawal of a criminal misappropriation case of Rs. 70 million when prosecution pleaded to withdraw the case since the accused had agreed to repay the money to the virtual complainant due to a settlement arrived at before the Commercial High Court.

The Attorney General filed the case against Vijitha Mahendra Ratnasekara and N.G. Anura Priyangani Ratnasekara of Kandewatta Terrace, Nugegoda for making a forged document of a proposal of directors of the Leema Embroidery Company on January 24, 2004 vesting powers to put the signature on documents with regard to the Current Accounts and Savings Accounts of the company.

According to the charges the first accused had aided and abetted to put the signature of the other director of the company Bernard Joseph Shanmuganadan.

According to the last report by the CID the two accused, husband and wife, alleged to have fraudulently misused Rs. 70 million of the Leema Embroidery Company while the first accused was a director of the company.

The virtual complainant Shanmuganadan and W. M. Ratnasekara had initiated the company in 1997 as the shareholders. He complained that he had found in 2005 that wife of the first accused had been appointed as a director and had withdrawn Rs. 70 million without his knowledge.

The State Counsel appearing for the prosecution submitted before Court that the two accused in this case were indicted for committing the offence of forgery and conspiracy in terms of Section 459 read with Section 113 of the Penal Code.

Although the indictment had been forwarded on the material available in the action filed in the Commercial High Court both parties have arrived at the settlement in which the accused have agreed to repay Rs. 70 million to the virtual complainant.

The High Court stated to the prosecution that this case was a criminal case and the High Court was not bound by the settlement conditions arrived at the Commercial High Court. The High Court was not satisfied the withdrawing of the case on the basis that the virtual complainant gaining the money back.

State Counsel Asad Navavi appeared for the prosecution. Attorney Jeewantha Jayatilake instructed by Sudath Perera Associates appeared for the accused while Suresh de Silva appeared for the aggrieved party.