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2.2 After investigation, a charge sheet was submitted against the DDA officials, property dealers and Special Power of Attorney Praveen Kumar. A supplementary charge sheet was also filed, in which the appellant’s name was included. In the supplementary charge sheet, it is mentioned that the appellant opened a fictitious savings bank account No.33604 in the name of Gautam Dhar in connivance with Praveen Kumar, attorney of Shri Gautam Dhar and Shri Rajinder s/o Shri Braham Pal in order to encash the cheque dated 07.01.2000 for Rs.2,22,263/-. The supplementary charge sheet further stated that prosecution sanction under Section 197 Cr.P.C. has been obtained against DDA officials. Investigation agency also obtained report dated 30.12.2002 from Forensic Science Laboratory regarding handwriting on various documents.

3. Learned counsel for the appellant in support of this appeal submits that the appellant, who was working as a Branch Manager in Bank of Baroda had permitted opening of a savings account No.33604 in discharge of his official duty. The appellant being a public servant, sanction ought to have been obtained under Section 197 Cr.P.C. for prosecuting the appellant. It is submitted that although sanction has been obtained with regard to DDA officials, but no sanction has been obtained for the appellant. He submits that CMM committed error in rejecting the application of the appellant for discharge due to want of sanction. It is further submitted that the appellant’s name came only in the supplementary charge sheet and allegations are only with regard to opening of a savings bank account. Investigation Agency has obtained opinion of handwriting experts with respect to signatures of Gautam Dhar on the account opening form and the specimen signatures of the appellant. It is submitted that in the report dated 30.12.2002, which was received from Forensic Science Laboratory, Govt. of NCT of Delhi with regard to signatures of Gautam Dhar on the account opening form and with the specimen signatures of the appellant, it has been mentioned in the report that it has not been possible to express a definite opinion on rest of the items on the basis of materials at hand. It is submitted that although the said report was very much with the I.O., another report was called for from the Chief Forensic Scientist & Director (FS) to seek further opinion from GEQD, Shimla. It is submitted that the report has been submitted by letter dated 29.10.2003 opining that the signatures of Gautam Dhar in the account opening form tallies with the specimen signatures of the appellant. He submits that the subsequent report, which was sent by letter dated 29.10.2003 could not have been relied, since in the signature of Gautam Dhar in the account opening form and signatures of the appellant there is no similarity. It is further submitted that in any view of the matter, opinion of a handwriting expert is only an opinion evidence, which is a weak nature of evidence and could not have been relied in rejecting the claim of the appellant that he has opened the account in exercise of his official duty. It is further submitted that the CMM in his order dated 03.12.2014 has held that forgery has been committed by the appellant in sanctioning the account opening form. It is submitted that appellant has been held guilty before even trial has proceeded.

13. At the stage, when Court is considering the question regarding applicability of Section 197 Cr.P.C., it was not necessary for the CMM to make observation that appellant has done an act of forgery. The FSL report was one of the evidences collected by I.O. Its evidentiary value was still to be gone into at the time of trial in the light of the evidences, which may come before the trial court.

14. Learned counsel for the appellant has relied on judgment of this Court in S.P.S. Rathore Vs. Central Bureau of Investigation and Another, (2017) 5 SCC 817, where this Court had held that although the opinion of a handwriting expert is also relevant, but that too is not conclusive. This Court further held that expert evidence as to handwriting is only opinion evidence, which need to be corroborated either by clear, direct or circumstantial evidence. In Paragraph No. 47, following has been laid down:-

“47. With regard to the contention of the learned Senior Counsel for the appellant- accused that the signatures of Ms Ruchika on the memorandum were forged though she signed the same in front of Shri Anand Prakash, Shri S.C. Girhotra, Ms Aradhana and Mrs Madhu Prakash and they have admitted the same, we are of the opinion that expert evidence as to handwriting is only opinion evidence and it can never be conclusive. Acting on the evidence of any expert, it is usually to see if that evidence is corroborated either by clear, direct or circumstantial evidence. The sole evidence of a handwriting expert is not normally sufficient for recording a definite finding about the writing being of a certain person or not. A court is competent to compare the disputed writing of a person with others which are admitted or proved to be his writings. It may not be safe for a court to record a finding about a person’s writing in a certain document merely on the basis of expert comparison, but a court can itself compare the writings in order to appreciate properly the other evidence produced before it in that regard. The opinion of a handwriting expert is also relevant in view of Section 45 of the Evidence Act, but that too is not conclusive. It has also been held by this Court in a catena of cases that the sole evidence of a handwriting expert is not normally sufficient for recording a definite finding about the writing being of a certain person or not. It follows that it is not essential that the handwriting expert must be examined in a case to prove or disprove the disputed writing. It is opinion evidence and it can rarely, if ever, take the place of substantive evidence. Before acting on such evidence, it is usual to see if it is corroborated either by clear, direct evidence or by circumstantial evidence.”