Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Valuable security (s.467 penal code)

Legal area

Court

28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-12-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-12-04/2021 (Mahkamah Tinggi)

The convictions could not stand because (1) the 35 charges under s.420 were defective: prosecution evidence and the IO's records showed monies were deposited to Ganang Resources (a third party), thereby misleading the accused and occasioning a failure of justice that ss.156/422 CPC cannot cure; and (2) on maximum evaluation the prosecution evidence admitted an equally plausible inference that the transactions were friendly loans repaid (with documentary bank evidence of repayments and civil pleadings admitting a loan), creating reasonable doubt as to dishonest inducement; accordingly the conv…
28 Jan 2022

NARENDRAN A/L NAGAPPAN

Citation

AA-42K-14-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42K-14-04/2021 (Mahkamah Tinggi)

The appeals were allowed because (a) the 35 s.420 charges were defective and occasioned a failure of justice given the prosecution evidence showed payments to a third party (Ganang Resources) rather than solely to the appellant, and (b) maximum evaluation of the prosecution evidence permitted a favourable inference that the transactions were friendly loans with repayments (documentary and bank evidence showed substantial repayments and even overpayment), producing reasonable doubt as to deceit; accordingly convictions and sentences were unsafe and set aside.