Sessions Court judge Zamri Bakar made the order for Ab Gani Che Man, 69, to be discharged and acquitted, after ruling that the prosecution had failed to prove a prima facie case.
"The court finds that there is no element of cheating in the case and after evaluation, the court discharges and acquits the accused without calling for his defence," he said here on Thursday (May 23).
Ab Gani, who retired with a rank of deputy superintendent, was charged in November last year with allegedly inducing two retirees, Ali Abdullah and Azman Yahya, to sell a property worth RM680,000 by impersonating as a qualified lawyer at No 2-1, Jalan 1/76C, Desa Pandan on Aug 18, 2017.
The offence falls under Section 420 of the Penal Code, which carries a maximum 10-year imprisonment, whipping and fine upon conviction.
The 68-year-old was also accused of an alternative charge of committing criminal breach of trust involving RM680,000 at Ab Gani Che Man & Co, Jalan 1/76C, Desa Pandan, between March 20, 2017 and April 28, 2017.
The charge under Section 408 of the Penal Code carries a maximum 14 years in jail, whipping and fine upon conviction.
Eight witnesses had been called to testify in the case.
DPP Noorhani Muhmmed prosecuted, while the accused was represented by lawyer N. Kalyana Sundaram.
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