2012 (8) TMI 1212 - HC - Indian Laws

Summary

Issues Involved:
The petitioner questions the order dismissing the application to forward a cheque for ink comparison to forensic experts under Section 45 of the Indian Evidence Act.

Details of the Judgment:

Issue 1: Application for Forwarding Cheque for Ink Comparison
The petitioner sought to send the cheque for ink comparison as the ink used for signature differed from that used for dates and amounts. The petitioner argued that the non-MICR NCE coded cheque was issued long back, supporting the need for comparison. However, the court dismissed the application, citing the unavailability of scientific methods to assess ink age in Tamil Nadu, as per a previous court decision.

Issue 2: Validity of Court's Decision
The court upheld the decision to reject the plea for ink comparison, stating that the age of the ink or variations in the cheque's ink were not determinable. The court emphasized that bank records could establish the cheque's issuance date, making signature comparisons unnecessary. Additionally, the delay in filing the application and the court's previous ruling on ink age assessment further supported the dismissal of the petitioner's request.

In conclusion, the Civil Revision Petition challenging the rejection of the application for ink comparison was dismissed, and the Connected M.P. was closed.