[1]This is an appeal by Gan Boon Aun against the decision of the High Court dated 25.1.2022 wherein the High Court had allowed the respondent’s appeal against the sentence meted out by the Sessions Court in the absence of the appellant and enhanced the sentence of 1 day imprisonment imposed by the Sessions Court against the appellant under section 122B(a)(bb) read together with section 122 (1) of the Securities Industry Act 1983 Court against the appellant.

[2]This appeal raised one important issue, i.e., whether the High Court’s Order dated 25.1.2022 is in contravention of the provisions of section 314 (1) Criminal Procedure Code

Background Facts

[3]The appellant was charged with an offence of giving a misleading statement to Bursa Malaysia Securities Berhad in Transmile Group Berhad’s “Quarterly Report on Unaudited Consolidated Results for the Financial Year Ended 31.12.2006”,an offence under section 122B (a)(bb) read together with section 122(1) of the Securities Industry Act 1983

[4]The trial commenced at the Sessions Court on 22.7.2010. At the end of the prosecution’s case, the Court held that the prosecution had established a prima facie case. The appellant was called upon to