Nallini Pathmanathan JC:

[1] Razak bin Abu, the appellant in this appeal, was convicted on a charge of forging documents which purported to comprise valuable security, namely fifteen cheques belonging to one Afizah bte Ibrahim ('SP1') totaling RM37,745.39 (Ringgit Malaysia Thirty Seven Thousand, Seven Hundred and Forty Five and Thirty Nine Sen) which sum of money he employed for his own use, in contravention of s. 467 of the Penal Code. He was sentenced to two weeks imprisonment and a fine of RM40,000 (Ringgit Malaysia Forty Thousand) in default of which a term of five years' imprisonment was imposed. He appeals against both his conviction and sentence. The sentence has been stayed pending this appeal.

[2] The primary issue that arises for consideration in this appeal is whether the appellant had in fact, forged the subject cheques by placing a signature purporting to be that of SP1 on those fifteen cheques.

Material Facts

[3] In September 1995, the appellant, one Hamzah bin Ibrahim ('SP2') who is SP1's brother, and one Yuaz bin Kassim incorporated a company known as Hazeltron Sdn. Bhd. to carry out general trading and to make tools. No business was conducted despite it ha