Gopal Sri Ram JCA:

[1] We heard and allowed these appeals on 4 September 1995. The reasons for our decision now follow:

Facts And Background

[2] Periasamy s/o Sinnappan, whom we shall, throughout this judgment, refer to as the first appellant, was charged in the Sessions Court at Kuala Lumpur on three counts of criminal breach of trust. Balakrishnan s/o Nalliah, whom we shall we shall refer to as the second appellant, was charged with three counts of abetting the first appellant in the commission of the principal offence. The appellants were jointly tried. For completeness, we will set out the amended charges framed against each appellant.

[3] As against the first appellant the following charges were framed.

First Charge

That you on 11 July 1986 at the Cooperative Central Bank Limited, 107 Jalan Bunus, in the Federal Territory of Kuala Lumpur, being an agent of the Cooperative Central Bank Limited, to wit, the Chief Executive and in such capacity entrusted with dominion over certain property, to wit, M$16,004,159.68, committed criminal breach of trust in respect of the said property and that you have thereby committed an offence punishable under s 409 of the Penal Code.

Second Charge

That you on 11 July 1986 at the Cooperative Central Bank Limited, 107 Jalan Bunus, in the Federal Territory of Kuala Lumpur, being an agent of the Cooperative Central Bank Limited, to wit, the Chief Executive and in such capacity entrusted with dominion over certain property, to wit, M$2,000,000,00 committed criminal breach of trust in respect of the said property and that you have thereby committed an offence punishable under s 409 of the Penal Code.

Third Charge

That you on 16 July 1986 at the Cooperative Central Bank Limited, 107 Jalan Bunus, in the Federal Territory of Kuala Lumpur, being an agent of the Cooperative Central Limited, to wit, the Chief Executive and in such capacity entrusted with dominion over certain property, to wit, M$1,995,837,10, committed criminal breach of trust in respect of the said property and that you have thereby committed an offence punishable under s 409 of the Penal Code.

[4] The charges framed against the second appellant read as follows:

First Charge

That you, between 14 June 1986 and 11 July 1986 at the Cooperative Central Bank Limited, 107, Jalan Bunus in the Federal Territory of Kuala Lumpur, abetted the commission of the offence of criminal breach of trust of certain property, to wit, M$16,004,159.68 belonging to the Cooperative Central Bank Limited by an agent, namely, Periasamy s/o Sinnapan which offence was committed in consequence of your abetment and that you have thereby committed an offence punishable under s 109 and s 409 of the Penal Code.

Second Charge

That you, between 14 June 1986 and 11 July 1986 at the Cooperative Bank Limited, 107, Jalan Bunus in the Federal Territory of Kuala Lumpur, abetted the commission of the offence of criminal breach of trust of certain property, to wit, M$2,000,000.00 belonging to the Cooperative Central Bank Limited by an agent, namely, Periasamy s/o Sinnapan which offence was committed in consequence of your abetment and that you have thereby committed an offence punishable under s 109 and s 409 of the Penal Code.

Third Charge

That you, between 14 June 1986 and the 16 July 1986 at the Cooperative Central Bank Limited, 107, Jalan Bunus in the Federal Territory of Kuala Lumpur abetted the commission of the offence of criminal breach of trust of certain property, to wit, M$1,995,837.10 belonging to the Cooperative Central Bank Limited by an agent, namely Periasamy s/o Sinnapan which offence was committed in consequence of your abetment and that you have thereby committed an offence punishable under s 109 and s 409 of the Penal Code.

[5] The facts relevant to the case against both appellants may be shortly stated.

[6] The Cooperative Central Bank Limited, or CCB, as it was more popularly known, was not a bank at all. It was a cooperative society established under the provisions o