Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forgery and use of forged documents (section 471 penal code)

Legal area

Court

28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-4-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-4-04/2021 (Mahkamah Tinggi)

Appeal allowed: convictions and sentences set aside because charges under section 420 were defective and occasioned a failure of justice (payments were shown to be to a third party, Ganang Resources), and a maximum evaluation of prosecution evidence permitted the inference that transactions were friendly loans with repayments exceeding amounts alleged, creating reasonable doubt as to deceit; consequently the accused was acquitted and discharged.
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-33-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-33-04/2021 (Mahkamah Tinggi)

Appeals allowed because the 35 section 420 charges were defective and incurable as the prosecution case showed monies were paid to Ganang Resources (a third party) rather than solely to the Appellant, and a maximum evaluation of the prosecution evidence established a reasonable inference that the transactions were friendly loans with substantial repayments; therefore no safe conviction for cheating or use of forged documents was established and the Appellant was acquitted.