Judge Hamidah Deril meted out the sentence on M Kesava Rajah, 34, after he changed his plea to guilty during case mention today. The court also ordered him to serve 12 months in jail if he failed to pay the fine.

Kesava was charged with diverting or concealing RM460,291.65 belonging to Advance Bolts & Fasteners Sdn Bhd by depositing it into his personal bank account at the company’s premises on Jalan Sultan Azlan Shah, Sentul, on Nov 27, 2020.

The charge was framed under Section 424 of the Penal Code, which provides for a maximum imprisonment of five years, a fine, or both, upon conviction.

According to the facts of the case, the complainant, an accounts executive at the company, conducted a review after discovering that a payment of RM460,291.65 to another supplier, Chin Well Fasteners Co Sdn Bhd, had not been received.

The review showed that the complainant made the payment on Nov 20, 2020 via the company’s Public Bank account to an RHB account under the name of Chin Well Fasteners Co Sdn Bhd. However, the actual supplier’s account (Chin Well Fasteners) was with Hong Leong Bank.

Further investigations revealed that the RHB account was registered under Sesoda Global Trading, owned by Kesava, and used as a transit account for fraudulent funds.

Kesava admitted that he had handed over his ATM card and bank book to a third party, who later withdrew all the money.

Deputy public prosecutor Nur Shakila Shariff urged the court to impose a deterrent sentence, citing public interest and the growing issue of mule accounts.

“The accused handed over his bank card and book to a third party and this negligence facilitated the fraud. We urge the court to impose a sentence that serves as a lesson to the public not to recklessly give their bank cards to others,” she said.

Defence lawyer K Komagan, representing Kesava, appealed for a lenient fine, arguing that his client was the main breadwinner of his family and had no criminal record.