RK Nathan J:

Facts

The plaintiff sued the defendant over a loan of RM262,350 granted by the plaintiff to the defendant to enable the latter to purchase 162,000 shares in Insas Sdn Bhd (the shares). The plaintiff also claimed exemplary and aggravated damages for deception and fraud in misleading the plaintiff into believing that the defendant would convert to Islam and marry him. The plaintiff succeeded and was also awarded a total sum of RM1,179,726.05 with interest and costs (see Dato' Abdullah Hishan Hj Mohd Hashim v. Sharma Kumari Shukla (No 3)[1999] 7 CLJ 464. Since the defendant had failed to repay the judgment sum with interest and costs the plaintiff obtained a receiving and adjudication order against the defendant and on 28 January 2000 the defendant was declared a bankrupt. On 16 August 2000 the Court of Appeal struck out the defendant's appeal against the judgment obtained. Further, on 14 August 2000 the defendant's appeal against the making of the receiving and adjudication order was struck out by the Court of Appeal after the defendant withdrew the said appeal.

The Committal Proceedings

This is the plaintiff's application to commit the defendant to prison for f