23 May 2024
[Timbalan (TPR), Jabatan Peguam Negara] LINGES A/L RAGUNATHAN
- Citation
- CB-41LB-5-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-41LB-5-10/2023 (Mahkamah Tinggi)
The High Court allowed the appeal, holding the Magistrate erred in ordering discharge and acquittal prior to hearing prosecution evidence; the charges under section 29 Small Offences Act 1955 were not defective as they sufficiently alleged possession of monies in respondents' bank accounts reasonably suspected to be fraudulently obtained and respondents failed to give satisfactory explanation; the proper remedy was to set aside the Magistrate's order and remit the cases to the Magistrate under section 316(a) KPJ for further proceedings.