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VENKATA JYOTHIRMAI PRATAPA
Gottipati Venu Gopal – Appellant
Versus
Gaddam Vijay Kumar – Respondent
JUDGMENT
VENKATA JYOTHIRMAI PRATAPA, J. - The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure 1973, for quashing the Order dtd. 20/1/2020, passed by the learned Special Judicial Magistrate of First Class for trial of Prohibition and Excise offences, Nellore[Hereinafter, trial court"] in Crl. M.P. No.9 of 2020 in C.C.No.282 of 2016, whereby, the application moved by the petitioner/accused for sending the cheque in question to the expert, for determination of age of the ink, has been dismissed. Procedural History
2. The petitioner herein was the accused and the Respondent was the complainant before the trial Court.
3. The petitioner is facing trial in a private complaint, filed by the respondent herein for the offences punishable under Sec. 138 of Negotiable Instruments Act, 1881[Hereinafter, "N.I. Act"]. After submitting written arguments on behalf of both parties, petitioner moved an application for sending the cheque in question to an expert, for the purpose of determining the age of the writing in terms of the signature. The petitioner's stand for such a plea is that cheque and promissory note were procured by his brother-in-law relating to his con
The main legal point established in the judgment is that ink age tests are not reliable or of practical use in determining the date of writing, as evidenced by conflicting expert opinions and previou....
Promissory Note – Mere determination of age of ink/writing by an expert will not clinch the issue as to when exactly maker has written/signed document.
The absence of scientific methods to ascertain the age of ink invalidates applications to examine promissory notes for evidentiary purposes, emphasizing the need for substantive proof in legal procee....
Determining the age of ink on a document does not assist in establishing its validity when the signature is not disputed, as held under Section 45.
There is no scientific method available to determine the age of the ink on a document. The absence of a scientific method to assess the age of handwriting renders attempts to find out the age of the ....
There is no mechanism to determine age of ink – Expert opinion to check age of ink cannot help to determine date of writing of document.
There is no scientific method to determine the age of the writing or ink, as established in previous decisions.
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