[Timbalan (TPR), Jabatan Peguam Negara] DHEVRAAM A/L VERAMANI

[Timbalan (TPR), Jabatan Peguam Negara] DHEVRAAM A/L VERAMANI

Although the accused possessed RM5,200 in his bank account which could be reasonably suspected of having been fraudulently obtained, his unchallenged explanation that he had given online access to a third party and was unaware of the deposits and subsequent transfers amounted to a satisfactory account under s.29(1)...

Source-derived case information.

Citation
CB-85-153-07/2023 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Dhevraam a/l Veramani
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
26 September 2025
Case Number
CB-85-153-07/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Akta Kesalahan Kesalahan Kecil 1955 S.29(1) / Judgment on Close of Defence (oral)
Outcome
Accused acquitted and discharged; bail returned.
Legal Topics
Possession of Fraudulently Obtained Property, Satisfactory Account Under S.29(1) AKK, Judicial Selection Between Conflicting High Court Decisions, Impact of Online Banking on Criminal Liability
Criminal Law Evidence Banking Law Cyber Enabled Fraud Possession of Fraudulently Obtained Property Satisfactory Account Under S.29(1) AKK Judicial Selection Between Conflicting High Court Decisions Impact of Online Banking on Criminal Liability

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Parties

Public Prosecutor

Prosecutor

Dhevraam a/l Veramani

Accused

Procedural Posture

Criminal Akta Kesalahan Kesalahan Kecil 1955 S.29(1) / Judgment on Close of Defence (oral)

Legal Issues

  1. 1 Whether money standing in accused's bank account constitutes 'possession' of property reasonably suspected to be fraudulently obtained for s.29(1) AKK
  2. 2 Whether the accused gave a satisfactory account of how the money entered his account under the statutory requirement
  3. 3 Whether and how online banking practices affect the application of s.29(1) AKK and related criminal liability

Ratio Decidendi

Although the accused possessed RM5,200 in his bank account which could be reasonably suspected of having been fraudulently obtained, his unchallenged explanation that he had given online access to a third party and was unaware of the deposits and subsequent transfers amounted to a satisfactory account under s.29(1) AKK; prosecution failed to prove guilt beyond reasonable doubt and the accused is acquitted.

Court Disposition

Accused acquitted and discharged; bail returned.

Orders

  • Accused acquitted and discharged of the charge under s.29(1) AKK
  • Bail money returned to the accused