Malaysia Case Law: Decisions & Judgments

Topic

Use of forged documents (section 471 penal code)

Legal area

Court

28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-31-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-31-04/2021 (Mahkamah Tinggi)

The High Court allowed the appeals because the section 420 charges were defective in that the prosecution case and primary documents showed monies were deposited to Ganang Resources (a third party) and not solely to the appellant, causing a failure of justice under sections 156 and 422 CPC; further, the prosecution evidence, taken as a whole and on maximum evaluation, permitted a reasonable inference that the transactions were friendly loans substantially repaid (documentary bank and civil pleadings corroborating repayment), creating reasonable doubt about cheating; the trial judge failed to…
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-23-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-23-04/2021 (Mahkamah Tinggi)

Convictions were unsafe and set aside because (1) the s.420 charges were materially defective and misleading — evidence showed payments were made to a third party (Ganang Resources) so accused was misled and a failure of justice occurred, and (2) a maximum evaluation of the prosecution evidence permitted a reasonable inference that the transactions were friendly loans which had been repaid, creating reasonable doubt as to dishonesty; accordingly appeals allowed and accused acquitted.
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-17-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-17-04/2021 (Mahkamah Tinggi)

The High Court allowed the appeals: the section 420 charges were defective because the prosecution's own materials showed monies were paid to a third party (Ganang Resources) and the charges as drafted misled the accused such that sections 156 and 422 CPC could not cure the defect; on the merits a maximum evaluation of the evidence supported a reasonable inference of a friendly loan and repayments (including documentary bank evidence and civil pleadings) and the Sessions Court failed to perform the necessary maximum evaluation; convictions and sentences were set aside and the appellant was ac…

Malaysia Case Law

NARENDRAN A/L NAGAPPAN

NARENDRAN A/L NAGAPPAN

NARENDRAN A/L NAGAPPAN