27 Jul 2021
NANTHAKUMAR A/L N. PITCHAI MANICKAM
- Citation
- PA-42S-1-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-42S-1-03/2020 (Mahkamah Tinggi)
Appeal allowed because prosecution failed to prove the essential 'terms' element of 'deposit' under s136 FSA 2013 at the close of its case: no documentary or credible evidence established an agreement between SP1 and the appellant that the money would be repaid or returned; evidence showed appellant acted as an introducer broker and funds were converted to points and placed with FX United, making FX United the party bearing repayment obligation; the trial judge failed to give proper weight to binding prosecution evidence (SP4) and to address the material gap of not calling FX United's princip…