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2022 Supreme(Chh) 415

NARENDRA KUMAR VYAS
Mohammad Nayeem Khan S/o. Shri Mohammad Abdul Waheed Khan – Appellant
Versus
State of Madhya Pradesh (Now Chhattisgarh) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Syed Imtiaz Ali, Advocate
For the Respondent:Mr. B. Gopa Kumar, ASG with Mr. Himanshu Pandey, Advocate, Mr. B.L. Sahu, Panel Lawyer

Judgement Key Points

Based on the legal document provided, here are the key points:

  • Case Details: The case is Mohammad Nayeem Khan v. State of Madhya Pradesh (Now Chhattisgarh), Criminal Appeal No. 574 of 1997, decided by the High Court of Chhattisgarh at Bilaspur on 11-10-2022. (!)
  • Charges: The appellant was convicted under Sections 120-B, 420, 467, 468, and 471 of the Indian Penal Code (IPC) for criminal conspiracy, cheating, and forgery. (!) (!)
  • Prosecution Case: The prosecution alleged that the appellant, in connivance with co-accused, prepared forged documents to secure a loan of Rs. 24,000/- from Dena Bank for a bore well machine. It was alleged that the appellant abused his position as a Branch Manager to issue a false draft, while another co-accused impersonated a proprietor to withdraw the funds. (!) (!)
  • Evidence Adduced: The prosecution examined 14 witnesses, including bank officials and a handwriting expert (PW-13). However, most prosecution witnesses did not specifically implicate the appellant in the conspiracy; they primarily verified documents related to other accused or the bank's internal processes. (!)
  • Handwriting Expert Opinion: The prosecution's handwriting expert (PW-13) opined that documents Ex.P-36, 37, 39, 40, and 41 were written by the appellant. The defense produced a conflicting opinion from their own handwriting expert (DW-4) stating the documents were not written by the appellant. (!) (!) (!)
  • Trial Court's Finding: The Trial Court convicted the appellant primarily relying on the prosecution's handwriting expert's report, dismissing the defense expert's opinion as less reliable due to the manner in which the documents were examined. (!)
  • Appellant's Argument: The appellant argued that conviction based solely on the opinion of a handwriting expert is unsafe and requires substantial corroboration. They highlighted the lack of direct evidence regarding the "meeting of minds" required for criminal conspiracy under Section 120-B IPC. (!)
  • Legal Principles on Expert Opinion: The High Court cited multiple Supreme Court precedents (including S. Gopal Reddy v. State of A.P., Magan Bihari Lal v. State of Punjab, and Murari Lal v. State of Madhya Pradesh) establishing that expert opinion on handwriting is weak and it is hazardous to base a conviction solely on such evidence without independent and reliable corroboration. (!) (!) (!) (!)
  • Conflict of Expert Opinions: The Court noted that since two experts gave conflicting opinions, the trial court was obligated to use its own power of observation under Section 73 of the Evidence Act to compare disputed writings with admitted writings to decide which opinion to accept. The trial court failed to do this and ignored the defense expert's opinion. (!) (!)
  • Judgment: The High Court held that the prosecution failed to prove the case beyond reasonable doubt. The conviction was set aside, and the appellant was acquitted of the charges. (!) (!)

ORDER :

1. This appeal is directed against the judgment dated 28.02.1997 passed by the Vth Additional Sessions Judge and Special Judge of CBI Jabalpur (MP) in Special Case No. 49/87 whereby the Appellant has been convicted under Section 420, 468, 471 read with Section 120-B IPC and sentenced him to undergo RI for 1 year and to pay fine of Rs. 5000/- for each sections, in default of payment of fine, RI for six months for each sections.

2. Case of the prosecution, in brief, is that accused Vinod Shah was posted as Branch Manager of Dena Bank in the year 1982-83, and at the same time co-accused Arun Waretwar was posted as clerk in the Oriental Beema Insurance Company, Raipur. It is alleged that the accused/appellants in connivance with co-accused Mohammad Nayeem Khan have prepared forged documents in the name of one Ashok Chandrakar and had taken loan of Rs. 24,000/- from Dena Bank, Branch Dhamtari for purchase of bore well machine and hatched the conspiracy for defrauding the Bank. It is alleged that accused Vinod Shah had issued draft (Ex.P-18) who abused their position as public servants prepared false draft and other co-accused Mohammad Nayeem Khan impersonated himself as Vimal Kuma

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