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2016 MarsdenLR 2471

COURT OF APPEAL PUTRAJAYA
PUBLIC BANK BERHAD – Appellant
Versus
TETUAN KUMAR JASPAL QUAH & AISHAH – Respondent


Table of Content
1. claim hinges on unauthorized cheque payments due to forgery. (Para 1 , 3 , 4 , 5)
2. appellant claims no negligence; respondent's actions facilitated forgery. (Para 6 , 8 , 14)
3. judge's findings supported by comparative visual examination of signatures. (Para 10 , 12 , 16 , 17 , 19)
4. negligence under s 73a affirms appellant's argument. (Para 30 , 32 , 36)
Idrus Harun JCA:

The Claim

[1] Messrs Kumar Jaspal Quah & Aishah (suing as a firm), the respondent in this appeal, initiated a civil suit against Public Bank Berhad, Account No 3077927830 (the account) on 9 September 2008 the sums of RM10,000.00 pursuant to cheque no 259116 (marked as Q1 in DW1's Signature Verification Report dated 20 December 2012) and RM102,000.00 in cheque no 259117 (marked as Q2 in the above report) both dated 4 September 2008 (the cheques) and that consequently prays for the said sums to be paid to the respondent. The respondent, in addition, apart from claiming for costs, also claimed interest at 8% per annum from 9 September 2008 or such date when the appellant wrongfully debited the said sums from the account until date of judgment and thereafter further interest calculated at 4% until ful

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