28 Jan 2022
NARENDRAN A/L NAGAPPAN
- Citation
- AA-42K-27-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-42K-27-04/2021 (Mahkamah Tinggi)
Appeal allowed because (1) the 35 charges under section 420 were defective and occasioned a failure of justice where prosecution evidence and official records showed monies were paid into Ganang Resources (a third party) rather than solely to the appellant, meaning the appellant was misled by the charge formulation and sections 156/422 CPC did not cure the defect; and (2) a maximum evaluation of prosecution evidence showed an alternative, reasonable inference that the transactions were friendly loans (admitted in civil pleadings and supported by bank payment evidence and repayments) rather th…
- Cheating under section 420 penal code
- Use of forged documents under section 471 penal code
- Defective charges and provisions of cpc sections 156 and 422
- Burden of proof and evaluation of prosecution case
- Distinction between loan and investment (ali baba arrangements)
- Admissibility and probative value of contemporaneous documents