1972 (9) TMI 164 - SC - Indian Laws

Appeal Succeeds: Commitment Order Quashed for Advocate Due to Lack of Evidence in Alleged Fraud Scheme.

The SC allowed the appeal, quashing the commitment order against the appellant, an Advocate, due to insufficient prima facie evidence supporting ... - Issues:1. Quashing of commitment order against the appellant based on charges under various sections of the Indian Penal Code.2. Examination of documentary evidence in a criminal conspiracy case involving fraud, forgery, and impersonation.3. Evaluation of prima facie evidence for the offense of conspiracy against the appellant.4. Analysis of circumstantial evidence and fee charged by the appellant in determining his involvement in the alleged conspiracy.Detailed Analysis:1. The appellant, an Advocate, along with other individuals, was committed to the Court of Session for trial for offenses under Section 120B along with Sections 419, 420, 511, and Section 467 read with Section 471 of the Indian Penal Code. He sought to quash the commitment order, which was initially dismissed by the High Court, leading to the appeal before the Supreme Court.2. The prosecution's case revolved around a criminal conspiracy to fraudulently obtain compensation for land acquisition. The accused, including the appellant, filed applications and vakalatnamas claiming the compensation amount on behalf of the supposed rightful claimants. However, the real claimants later exposed the conspiracy, leading to the cessation of payment and subsequent legal proceedings.3. The committing magistrate based the commitment on documentary evidence, including applications, vouchers, and expert opinions on signatures. However, during the appeal, the appellant argued that there was no prima facie evidence to support the charges of conspiracy against him. The High Court's order hinted at the presence of such evidence, leading to further examination by the Supreme Court.4. The appellant's defense centered on the lack of direct evidence implicating him in the conspiracy. While the prosecution argued circumstantial evidence, such as the appellant's fee and actions, the Supreme Court found these insufficient to establish conspiracy. The appellant's genuine actions, like taking responsibility for refunding incorrect payments and depositing funds, indicated good faith rather than collusion.In conclusion, the Supreme Court allowed the appeal, quashing the commitment order against the appellant due to the absence of prima facie evidence supporting the charges. The trial was directed to proceed against the other accused individuals involved in the alleged conspiracy.