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TMI Blog2012 (8) TMI 1212X X X X Extracts X X X X X X X X Extracts X X X X ..... c sciences expert for comparision of the age of the ink. 2. The learned counsel for the petitioner submits that the petitioner is arrayed as accused in S.T.C. No. 306 of 2009 instituted by the respondent herein under Section 138 of the Negotiable Instruments Act. Pending the said proceedings, the petitioner has filed CMP No. 854 of 2011 contending that the ink in which the petitioner had put his signature in the cheque in question and the ink by which the dates and amounts were filled varies and therefore, while disowining his liability to pay the cheque amount, the petiitoner sought for sending the cheque in question to the forensic authorities for comparision so as to disprove the case of the complainant/respondent herein. Further, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xplain 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 Nutron Activation Analysis, BABC, Mumbai where there is facility to find out the approximate range of the time, durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 5. In the light of the above decision, the Court below is right in rejecting the plea of the petitioner to send the disputed cheque in question for ascertaining the age of the ink or the variation in the ink in the subject matter of the cheque. 6. The Court below also found that if the cheque in question was issued long back, as contended ..... X X X X Extracts X X X X X X X X Extracts X X X X
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