NARENDRAN A/L NAGAPPAN

NARENDRAN A/L NAGAPPAN

The High Court allowed the appeals: convictions and sentences set aside and the appellant acquitted because (1) the 35 charges under s.420 were defective and occasioned a failure of justice as the prosecution evidence showed payments were made to Ganang Resources (a third party) and not solely to the appellant, rendering the charges incurable under ss.156/422 CPC; and (2) on maximum evaluation of the prosecution evidence a reasonable inference existed that the transactions were friendly loans (with documentary and bank evidence of repayments and overpayment), creating reasonable doubt as to criminal deception, therefore acquittal was required.

Citation
AA-42K-37-04/2021 (Mahkamah Tinggi)
Parties
Appellant: NARENDRAN A/L NAGAPPAN; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 January 2022
Case Number
AA-42K-37-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / High Court Hearing and Judgment on Appeals
Outcome
Appeal allowed; convictions and sentences set aside; appellant acquitted and discharged of all charges; bail discharged and to be refunded.
Legal Topics
Cheating Under S.420 Penal Code, Use of Forged Documents S.471 Penal Code, Defective Charges and Charge Drafting, Standard of Proof and Reasonable Doubt, Ali Baba Partnerships and Affirmative Action Issues, Characterisation of Transactions as Loan Vs Investment
Source Language
Malay/English
Criminal Law Procedural Law Evidence Law Cheating Under S.420 Penal Code Use of Forged Documents S.471 Penal Code Defective Charges and Charge Drafting Standard of Proof and Reasonable Doubt Ali Baba Partnerships and Affirmative Action Issues +1 more

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Parties

NARENDRAN A/L NAGAPPAN

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal / High Court Hearing and Judgment on Appeals

Legal Issues

  1. 1 Whether charges under s.420 Penal Code were defective because payments were made to a third party (Ganang Resources) rather than solely to the appellant
  2. 2 Whether the underlying arrangement was a friendly loan repaid by the appellant or a fraudulent inducement based on forged documents leading to cheating charges under s.420 and use of forged documents under s.471 Penal Code

Ratio Decidendi

The High Court allowed the appeals: convictions and sentences set aside and the appellant acquitted because (1) the 35 charges under s.420 were defective and occasioned a failure of justice as the prosecution evidence showed payments were made to Ganang Resources (a third party) and not solely to the appellant, rendering the charges incurable under ss.156/422 CPC; and (2) on maximum evaluation of the prosecution evidence a reasonable inference existed that the transactions were friendly loans (with documentary and bank evidence of repayments and overpayment), creating reasonable doubt as to criminal deception, therefore acquittal was required.

Court Disposition

Appeal allowed; convictions and sentences set aside; appellant acquitted and discharged of all charges; bail discharged and to be refunded.

Orders

  • All 39 appeals allowed
  • Convictions and sentences set aside