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TMI Blog2010 (1) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... a. To prove that the handwriting was not made by him or that the signature was not made by him, the accused can very well request the Court to forward the document for expert opinion. But the question is, in respect of the age of the writings on a document whether there is any expert in terms of Section 45 of the Evidence Act, who shall be competent to examine the same scientifically and to offer his opinion. According to Assistant Director, Document Division, Forensic Science Department, Government of Tamil Nadu, On a query made by this Court regarding the above position, he would explain to this Court that there is no scientific method available anywhere in this State, more particularly, in the Forensic Science Department, to scientifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. ORDER S. Nagamuthu, J. 1. An important question as to whether the Courts can order to send documents for forensic opinion regarding the age of the writings and signatures on disputed documents has arisen for consideration in these revisions. 2. The respondents in these two revisions, who are the accused facing prosecution for an offence under Section 138 of the Negotiable Instruments Act, filed petitions before the learned Judicial Magistrate seeking to forward the cheques in question for examination by the Director of Forensic Science, Chennai to express opinion regarding the age of the writings as well as the signatures found on the cheques. The learned Magistrate concerned allowed both the petitions. Aggrieved over ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further submit that subsequently, when a similar question arose, a learned Single Judge of this Court (Justice S. Palanivelu) after having considered the view expressed in S. Gopal's case cited supra and the Judgment of the Hon'ble Supreme Court in T. Nagappa's case, has held in V.P. Sankaran v. R .Uthirakumar reported in 2009 Ind Law MAD 1077 : AIR 2009 Mad 166 that documents can be subjected to such scientific test by an expert in this regard. Therefore, according to the learned Counsel, the lower Court was right in directing the documents to be forwarded for comparison by an expert for opinion. 5. I have considered the rival submissions. 6. There can be no denial of the fact that the accused needs to be afforded a fair ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sic Science Department, Chennai to be present before this Court to explain the position. Accordingly, today, Mr. A.R. Mohan, Assistant Director, Document Division, Forensic Science Department, Government of Tamil Nadu, Chennai is kind enough to be present before this Court. According to him, he is the Head of the document division of the department. On a query made by this Court regarding the above position, he would explain to this Court that there is no scientific method available anywhere in this State, more particularly, in the Forensic Science Department, to scientifically assess the age of any writing and to offer opinion. However, he would submit that there is one institution known as Neutron Activation Analysis, BARC, Mumbai, where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... documents, which were sent to them by various Courts in the State for such opinion, have been returned by them with the report that no such opinion could be offered. 9. In view of all the above, in my considered opinion, sending the documents for opinion in respect of the age of the writing on documents should not be resorted to hereafter by the Courts unless, in future, due to scientific advancements, new methods are invented to find out the age of the writings. 10. Now I have to consider the judgments relied on by the learned Counsel on either side. In T. Nagappa's case reported in (2008) 5 Supreme Court Cases page 633 : AIR 2008 SC 2010, I have to state that the question whether the age of the writings could be scientifically e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se as though there are experts to offer opinion regarding the age of the documents. Now, as I have already stated, the Head of the Department of Forensic Science is before me and from whom I have the benefit of ascertaining that there is no expert in the field and also that all such documents sent already were returned without offering any opinion. Therefore, the said judgment also would not come to the help of the respondents. 11. In view of all the above, the revisions are allowed and the impugned orders of the learned Magistrate are set aside and the request for sending the documents for ascertaining the age of the writings is rejected. Connected miscellaneous petitions are closed. The services rendered by the Assistant Director is ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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