Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forgery and use of forged documents s.471 penal code

Legal area

Court

28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-22-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-22-04/2021 (Mahkamah Tinggi)

The High Court allowed the appeal. The s.420 convictions were unsafe because the prosecution’s own records and testimony showed monies were deposited to Ganang Resources (a third party) and the charges specifically alleged monies were handed to the appellant; ss.156 and 422 CPC could not cure that defect where justice was failed. On a merits evaluation the contemporaneous documents and civil pleadings showed the transactions could reasonably be characterised as friendly loans with repayments (and possible overpayment), creating reasonable doubt as to deceit and dishonest inducement; according…
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-20-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-20-04/2021 (Mahkamah Tinggi)

On maximum evaluation the prosecution evidence did not exclude the reasonable inference that the transactions were friendly loans or repayments involving Ganang Resources and SMB Tech Enterprise; the 35 s.420 charges were defective because the case presented showed monies were deposited to a third party (Ganang Resources) thereby occasioning a failure of justice; overall the prosecution had not proved deceit and dishonest inducement beyond reasonable doubt and the convictions were unsafe, warranting acquittal and setting aside of sentences.