Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Ali baba partnerships

  • 28 Jan 2022

    NARENDRAN A/L NAGAPPAN

    Citation
    AA-42K-10-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42K-10-04/2021 (Mahkamah Tinggi)

    The appeals were allowed because the 35 s.420 charges were defective and incurable where the prosecution evidence and its own documents showed payments went to a third party (Ganang Resources), thereby misleading the accused; sections 156 and 422 CPC do not cure defects that occasion failure of justice. On maximum evaluation of prosecution evidence the court found the underlying transaction could reasonably be a friendly loan supported by contemporaneous police reports, civil pleadings and bank records showing repayments and overpayment, so a prima facie case of cheating was not established a…

  • 28 Jan 2022

    NARENDRAN A/L NAGAPPAN

    Citation
    AA-42K-32-04/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42K-32-04/2021 (Mahkamah Tinggi)

    The High Court held that the 35 charges under section 420 were defective because the prosecution's case showed monies were paid to Ganang Resources (a third party) as well as to the appellant, and the defective charging occasioned a failure of justice not curable under sections 156 and 422 CPC; further, a maximum evaluation of the prosecution evidence showed reasonable inferences favoring the appellant (that the transactions were friendly loans largely repaid) so no safe prima facie case existed. Accordingly all convictions and sentences were set aside and the appellant was acquitted and disc…