Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Ali baba arrangements vs friendly loan

Legal area

Court

28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-12-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-12-04/2021 (Mahkamah Tinggi)

The convictions could not stand because (1) the 35 charges under s.420 were defective: prosecution evidence and the IO's records showed monies were deposited to Ganang Resources (a third party), thereby misleading the accused and occasioning a failure of justice that ss.156/422 CPC cannot cure; and (2) on maximum evaluation the prosecution evidence admitted an equally plausible inference that the transactions were friendly loans repaid (with documentary bank evidence of repayments and civil pleadings admitting a loan), creating reasonable doubt as to dishonest inducement; accordingly the conv…
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-9-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-9-04/2021 (Mahkamah Tinggi)

The convictions were unsafe: the 35 s.420 charges were defective and incurable because the prosecution's own record and evidence showed payments were made to a third party (Ganang Resources), causing a failure of justice; on maximum evaluation the prosecution evidence admitted an inference that the transactions were friendly loans with substantial repayments and overpayment, creating reasonable doubt. Consequently the High Court allowed the appeals, set aside convictions and sentences and acquitted and discharged the Appellant.