MOHD FAZLI BIN ADNAN

MOHD FAZLI BIN ADNAN

Prosecution failed to establish a prima facie case under s420 because there was insufficient evidence that the accused made a false representation, insufficient causal link that any deception by the accused induced the payment, and no proof of dishonest/fraudulent intention at the material time; material investigative omissions and failure to call the introducer (Nur Aziera Liyana) further undermined the prosecution case, entitling the court to discharge and release the accused at the close of prosecution under s173(f)(ii) CPC.

Citation
AB-83-357-05/2025 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Defendant: Mohd Fazli bin Adnan
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 March 2026
Case Number
AB-83-357-05/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Cheating (section 420 Penal Code) / End of Prosecution; Accused Discharged and Released at Close of Prosecution (s173(f)(ii) Cpc)
Outcome
Prosecution failed to prove a prima facie case; accused discharged and released (lepas dan dibebaskan) at close of prosecution under s173(f)(ii) CPC
Legal Topics
Cheating (section 420 Penal Code), Mens Rea and Dishonesty, Prima Facie Standard at Close of Prosecution, Failure to Call Material Witness (s114(g) Evidence Act), Investigative Omissions and Consequences
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Police Investigation Cheating (section 420 Penal Code) Mens Rea and Dishonesty Prima Facie Standard at Close of Prosecution Failure to Call Material Witness (s114(g) Evidence Act) +1 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Mohd Fazli bin Adnan

Defendant

Procedural Posture

Criminal Cheating (section 420 Penal Code) / End of Prosecution; Accused Discharged and Released at Close of Prosecution (s173(f)(ii) Cpc)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under Section 420 Penal Code
  2. 2 Whether the accused made a deceptive representation causally inducing the payment of RM2,500
  3. 3 Whether the accused had dishonest/fraudulent intention at the material time

Ratio Decidendi

Prosecution failed to establish a prima facie case under s420 because there was insufficient evidence that the accused made a false representation, insufficient causal link that any deception by the accused induced the payment, and no proof of dishonest/fraudulent intention at the material time; material investigative omissions and failure to call the introducer (Nur Aziera Liyana) further undermined the prosecution case, entitling the court to discharge and release the accused at the close of prosecution under s173(f)(ii) CPC.

Court Disposition

Prosecution failed to prove a prima facie case; accused discharged and released (lepas dan dibebaskan) at close of prosecution under s173(f)(ii) CPC

Orders

  • Accused discharged and released under s173(f)(ii) Criminal Procedure Code
  • Bail bond deposited returned to the surety