Malaysia Case Law: Decisions & Judgments

Topic

Dishonoured cheques

Legal area

Court

11 Nov 2025

TAN CHEE LEONG 1. ) TAN CHOON BEE 2. ) LIM AH CHUAN 3. ) Tan Aik Huat 4. ) TAN YIEN CHING

Citation

BD-B52NCC-18-08/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BD-B52NCC-18-08/2024 (Mahkamah Sesyen)

Substituted service was validly ordered and properly effected, the default judgments were therefore regularly obtained; the application was filed approximately nine months after the judgments without seeking extension or permission; defendants failed to disclose a prima facie meritorious defence and relied on bare denials or unparticularised assertions; accordingly the application to set aside is dismissed and the default judgments are upheld.
10 Apr 2025

THANABALAN A/L CHATAPAN ARNOLD ANDREW A/L P. ANTHONY MUTHU

Citation

WA-22NCvC-745-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-745-12/2024 (Mahkamah Tinggi)

Defendant admitted writing and signing the settlement letter and cheques; the plaintiff as holder deposited the cheques which were dishonoured; defendant's coercion allegation lacked particulars and was inherently improbable and unsupported (no police report or counterclaim); defendant failed to rebut the presumption of consideration for negotiable instruments; therefore there was no triable issue and summary judgment was entered for the plaintiff for RM1,400,000 plus interest and costs.
13 Dec 2024

AL MULTAZAM TRAVEL & TOURS SDN BHD RHINOAIRIEL TRAVEL & TOURS SDN BHD

Citation

AA-A72-23-11/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-A72-23-11/2022 (Mahkamah Majistret)

Plaintiff discharged the burden of proof by adducing contemporaneous documentary evidence and witness testimony showing the bus was returned and that the purchase could not be completed due to the director's death; Defendant failed to prove entitlement to forfeit the deposit or to substantiate its counterclaim for instalments, lost profits or repair costs. Therefore Plaintiff is entitled to recover RM62,000 (RM100,000 less RM38,000) plus interest as claimed; Defendant’s counterclaim is dismissed for lack of evidence.
29 Oct 2024

EXCEL WOOD ENTERPRISE 1. ) T-FLOORING PRODUCTS SDN BHD 2. ) THONG CHEE HONG

Citation

DA-A52-11-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A52-11-06/2023 (Mahkamah Sesyen)

On the balance of probabilities the court found Plaintiff proved delivery of goods and that Defendants failed to pay sums due; payments relied on by Defendants related to other transactions or were partial; evidence of mismatched cheque signatures, contradictory testimony and post-filing creation of signed purchase notes by the 2nd Defendant justified piercing the corporate veil and holding the 2nd Defendant liable for the outstanding debt of RM174,633.96.
1 Aug 2024

KENG HENG GOLDTECH SDN BHD 1. ) NIKS KB JEWEL 2. ) KEHL EMPIRE SDN. BHD. 3. ) KEDAI EMAS HARGA LELONG SA SDN. BHD. 4. ) KEDAI EMAS HARGA LELONG PP SDN. BHD. 5. ) EMAS HARGA KASIH SAYANG SDN. BHD. (Dahulunya dikenali sebagai EMAS KASIH SAYAN

Citation

JA-22NCvC-34-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-34-03/2024 (Mahkamah Tinggi)

The court found the Plaintiff established a good arguable case that title to the gold remained with the Plaintiff until full payment (per invoice clause), demonstrated a real risk of dissipation given dishonoured/stopped cheques and the fungible nature of gold, and established sufficient evidence that defendants acted collectively as a single economic unit; accordingly the Mareva injunction and interim preservation order were justified and must be maintained; applications to set them aside were dismissed.
8 Jan 2024

EURO VALLEY SDN. BHD. IVORY GLOVE SDN. BHD.

Citation

AB-A72NCC-135-10/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-A72NCC-135-10/2023 (Mahkamah Majistret)

The cheques were valid bills of exchange presented and dishonoured; proper notices of dishonour were served; under the Bills of Exchange Act the drawer is liable and the holder has an independent cause of action; the defendant failed to plead or demonstrate any of the narrowly recognised defences (fraud, illegality, total failure of consideration) or any triable issue, therefore summary judgment was appropriate for RM54,000 with interest at 5% p.a. from presentation dates and costs RM2,500.
18 Sept 2023

1. ) SHANMUGANATHAN A/L SILVADASS 2. ) Prisilla A/p Mathiyalagan JOHN MICHEAL A/L LOUIS MANUEL

Citation

AA-11BNCvC-12-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

AA-11BNCvC-12-12/2022 (Mahkamah Tinggi)

Appeal allowed because the plaintiff failed to prove on the balance of probabilities that RM90,000 was disbursed; only RM38,000 was proven and certified cheque images show repayments exceeding RM60,000; the second defendant was not a party to the loan agreement; therefore the magistrate's judgment is set aside.
21 Mar 2023

1. ) 1. KHAW EE RIC (Berniaga Perniagaan di bawah gaya Thailicious Mookata Restaurant dan Zero Bistro & Pub) 2. ) 2. HO CHUN KEAT (Berniaga Perniagaan di bawah gaya Thailicious Mookata Restaurant dan Zero Bistro & Pub) 1. ) 1. TANG WING KEA

Citation

PA-22NCvC-61-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-61-04/2022 (Mahkamah Tinggi)

Plaintiffs failed to prove on a balance of probabilities that the defendants or their agent locked the premises on 15.3.2022 and were themselves in breach of the tenancy (dishonoured cheques, late/unpaid rent and abandonment) which entitled the defendants to terminate and re‑enter; plaintiffs therefore have no causally linked recoverable losses, so their claim is dismissed and defendants' counterclaim for arrears is allowed in the pleaded sum.
17 Nov 2022

1. ) LONGTIME COMMERCIAL SDN. BHD. 2. ) NG CHOUN LONG TIP TOP MEAT SDN. BHD.

Citation

JB-12ANCC-5-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12ANCC-5-07/2022 (Mahkamah Tinggi)

No triable issues existed because defendants had admitted indebtedness by the Settlement Agreement and conduct (part payments, deposit of post-dated cheques, later correspondence), the plea of non est factum was not proved, and dishonoured post-dated cheques provided an independent cause of action under s47 of the Bills of Exchange Act; therefore summary judgment was proper and the appeal dismissed.
9 Nov 2021

S.P. MULIA SDN BHD (Company No.: 200301020644/623064-D) 1. TIU CHOON PENG (NRIC NO.: 761022-01-7097) (t/a CP BACKHOE ENGINEERING Company No.: 200203116696/M0366169-M) 2. RASIDI BIN MOHD NOH (NRIC NO.: 721215-01-6203)

Citation

JA- 22NCVC-48-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA- 22NCVC-48-04/2021 (Mahkamah Tinggi)

The post-dated cheques and accompanying letter constituted an unconditional undertaking to pay; the defendant's asserted defences were not supported by contemporaneous documents and are not among the limited legal defences to a dishonoured cheque; therefore the defendant failed to raise any triable issue and summary judgment was appropriate in favour of the plaintiff.