Wan Ahmad Farhaan Wan Kia Salleh Nor (left) and Mohd Fami Sharin.
KUALA LUMPUR: Two men have been acquitted by the Sessions Court here of cheating a businessman in a million-ringgit deal.
Sessions Court judge Mohd Kafli Che Ali made the order of discharge and acquittal on Wan Ahmad Farhaan Wan Kia Salleh Nor, 32, and Mohd Fami Sharin, 50, who were accused of the offence under Section 420 of the Penal Code.
In his decision, the judge said the prosecution had failed to prove a prima facie case.
“No element of fraud was 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 Sdn Bhd and Tuntas Abadi Sdn Bhd," Mohd Kafli said on Tuesday (Feb 6).
The court found no evidence that showed both accused compelled the witnesses to surrender the sum of 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 their defence," he said.
According to the charge sheet, Wan Ahmad Farhaan and Mohd Fami allegedly 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 victims 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.
They were charged 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, if convicted.
Lawyers Haresh Mahadevan and Ramzani Idris represented Wan Ahmad Farhaan and Mohd Fami.
Deputy Public Prosecutor Noorhani Muhmmed Ayub appeared for the prosecution.
