28 Jan 2022
NARENDRAN A/L NAGAPPAN
- Citation
- AA-42K-28-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-42K-28-04/2021 (Mahkamah Tinggi)
Convictions set aside. Primary legal basis: (1) 35 cheating charges under s.420 were defective because the indictment alleged monies were handed to the accused whereas prosecution evidence and led documents showed transfers/payments to a third party (Ganang Resources); this discrepancy occasioned a failure of justice that could not be cured under ss.156/422 CPC; (2) on maximum evaluation of all evidence, contemporaneous documents (FIRs, civil pleadings, bank deposits, cheque records) supported an alternative reasonable inference that the transactions were friendly loans (and in many instances…