Malaysia Case Law: Decisions & Judgments

Topic

Forgery (s.467 penal code)

Legal area

Court

20 Jun 2024

MUHAMMAD RA'ABILSHAH BIN SAMZALI

Citation

P-07-28-04/2024 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

P-07-28-04/2024 (Mahkamah Rayuan)

The Court allowed the application for stay of execution and bail pending appeal because the applicant established special circumstances: first offender status, non-violent white‑collar nature of the offence, existence of complex legal issues meriting appellate review, negligible flight risk and prosecution's non‑opposition, subject to increased bail and continuation of prior conditions.
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-11-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-11-04/2021 (Mahkamah Tinggi)

The appeals were allowed because (1) the section 420 charges were materially defective: the prosecution case and police records showed deposits to Ganang Resources rather than solely to the appellant, causing a failure of justice under ss.156/422 CPC; and (2) on maximum evaluation of the evidence and contemporaneous documents (police reports, civil pleadings and bank records) a reasonable inference existed that the transactions were friendly loans with substantial repayments made, creating reasonable doubt as to cheating and use of forged documents, therefore convictions unsafe and set aside.
19 Apr 2021

MOHD ZAHARANI BIN HARUN PUBLIC PROSECUTOR

Citation

AA-42K(A)-1-09/2019 (Mahkamah Tinggi)
Court

A
Case number

AA-42K(A)-1-09/2019 (Mahkamah Tinggi)

The trial record and documentary evidence (cashbook entries, voucher comparisons and MPM records) plus direct testimony of the victim established beyond reasonable doubt that the impugned receipt was forged and that the appellant dishonestly used it in relation to the RM44,949.15 transaction; the defence explanations (including cautioned statement and witnesses without s.112 statements) did not raise a reasonable doubt, therefore convictions under s.420 and s.471 (punishable under s.467) are upheld.

Malaysia Case Law

MUHAMMAD RA'ABILSHAH BIN SAMZALI

NARENDRAN A/L NAGAPPAN

MOHD ZAHARANI BIN HARUN PUBLIC PROSECUTOR