KUALA LUMPUR: Two friends were freed by the Sessions Court from charges of defrauding a businessman of over RM1 million, three years ago.
Judge Mohd Kafli Che Ali discharged and acquitted Wan Ahmad Farhaan Wan Kia Salleh Nor, 32, and Mohd Fami Sharin, 50, of the offence under Section 420 of the Penal Code today.
The judge ruled that the prosecution failed to prove a prima facie case against the accused.
"No elements of fraud can be proven by the prosecution in this case.
"The second and third prosecution witnesses admitted in their testimony that they willingly signed several written agreements between the company Yummylooks and Tuntas Abadi.
"Furthermore, there is no evidence indicating that both accused compelled the duo to surrender the money (RM1,001,650).
"The court finds that this case leans more towards a breach of contract. Therefore, both accused are acquitted and discharged from the charges without being called to enter a defence," he said.
According to the charge sheet, Farhaan and Fami had deceived Mohamad Faiz Yaacob, 35, and Saleh Nabil Salah Mahmoud Abdalkader Alarabi from Yummylooks Sdn Bhd by falsely claiming that they would distribute 180,000 boxes of latex glove, leading the victim to transfer a total of RM1,001,650, into Tuntas Abadi Sdn Bhd's bank account.
They allegedly committed the offence near Taman Tun Dr Ismail on March 17, 2021.
The offence falls under Section 420 of the Penal Code read together with Section 34 of the same Code which carries a maximum 10-year imprisonment with whipping and fine upon conviction.
Deputy Public Prosecutor Noorhani Muhmmed Ayub prosecuted the case while counsel Haresh Mahadevan and Ramzani Idris appeared for the accused.