Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forgery (s468 penal code)

Legal area

Court

11 Dec 2025

WONG TZE WEI @ JAMES WONG

Citation

NA-62K-108-12/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-62K-108-12/2021 (Mahkamah Sesyen)

The prosecution failed to establish a prima facie case on all counts: although the defendant was an authorised agent/signatory (elements 1 and 2 for s409 satisfied), prosecution failed to prove dishonest misuse of funds (element 3) under s409; prosecution failed to prove the cheques were forged by the defendant or were demonstrably counterfeit (elements for s468 not proven); and AMLA offences failed because predicate offences were not established and there was no proof the defendant knew or had reasonable suspicion funds were proceeds of unlawful activity. Accordingly the accused was discharg…
8 May 2023

PATHMARAJAH A/L MYLVAGANAM

Citation

WA-62K-118-04/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62K-118-04/2021 (Mahkamah Sesyen)

The court found the prosecution failed to establish a prima facie case: the key witness (SP21) was materially inconsistent and lacked corroboration, crucial material witnesses were not called (permitting adverse inference under s114(g) Evidence Act), and there was insufficient evidence to infer the accused's involvement in a conspiracy or cognitive knowledge that documents were forged; because the predicate offences were not proven the AMLA counts likewise failed. Accordingly the accused was discharged and acquitted without being called to enter defence.