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TMI Blog2011 (2) TMI 1616X X X X Extracts X X X X X X X X Extracts X X X X ..... alam, Erode. The said proceedings was initiated on a private complaint lodged by the Respondent for an offence under Section 138 r/w 142 of Negotiable Instruments Act (hereinafter referred to as Act ). 3. Pending proceedings, the Petitioner has filed CMP No. 3579 of 2007 under Section 45 of the Indian Evidence Act seeking for an order to send the cheque to the expert to determine the age of the ink found in the cheque. It was opposed by the complainant. The learned Judicial Magistrate relied on a decision reported in 2008 (1) CTC 496 (S. Gopal v. P. Balachandran), wherein it is held that there is no scientific facility to determine the age of the ink. Consequently, the learned Magistrate dismissed the application. 4. The Petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the admitted signature of the same period and at the same time it has been stated that there is no foolproof method by which the exact age of the writing/signature can be determined or authenticated. However, with a view to give fair trial to the revision Petitioner and having regard to the particulars available from the Website of Central Forensic Science Laboratory, Hyderabad, the prayer for the revision Petitioner can be considered and the document can be sent to Central Directorate of Forensic Science in the office of Government Examiner of Questioned Documents. Further, the revision Petitioner should also send the admitted signature of the first Defendant alleged to have been written during the relevant period during which the disputed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the cheque do not belong to the year 2004 as dated in the cheque, the age of the ink has to be determined. 11. The learned Judicial Magistrate as well as the revision authority had relied on the decision reported in 2008 (1) CTC 496 (S. Gopal v. P. Balachandran) (cited supra) and has also relied on a decision reported in 2010 1 CTC 424 (R. Jagadeesan v. N. Ayyasamy and another) (cited supra), wherein it is held that there is no facility available to determine the age of the ink. However, another learned Single Judge of this Court has now held that the Central Forensic Science Laboratory at Hyderabad has the facility to ascertain the age of the ink. 12. In my considered opinion, the latest judgment of the learned Single Judge of this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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