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2015 Supreme(Mad) 229

HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, J.
A. Inayathullah - Appellant
Versus
A. Ramesh - Respondent
Crl. R.C. No. 4 of 2015 & M.P. No. 1 of 2015
Decided on: 06-01-2015

Advocates:
Advocate Appeared:
For the Petitioner:E. Kannadasan, Advocate.

Headnote:

Indian Evidence Act - Section 45 - Negotiable Instruments Act - Section 139 – Dishonor of cheque - Scope of destruction of disputed document - Illegality or impropriety – Afore noted opinions of reputed authors on this subject as narrated above would make it abundantly clear that it is not impossible to discover age of ink – Hence plea that procedures have not evolved so far in this country is no longer available and it cannot be acceded to - Going by above clippings in authorities it transpires that it is not at all difficult task to step into experiments under guidelines of illustrious experts in this field - Authorities and officials concerned have to take initiatives to evolve procedures for experiments with latest technology for achieving improvement on subject - On basis of choosy and discerning performance of researches authors have provided procedures and devices with reference to names of chemicals and reagents to be utilized to solve issue and it is incumbent upon experts to put authoritative theories and latest proved and established technologies to empirical use - They have to take inventiveness drawing proven and accepted principles from well settled authorities and Government have to provide necessary latest infrastructures in Document Division of Forensic Sciences Laboratory and also allot necessary funds for constitution of sophisticated laboratory which is a full-fledged one in this regard – Held, In view of all above in court considered opinion sending documents for opinion in respect of age of writing on documents should not be resorted to hereafter by Courts unless in future due to scientific advancements new methods are invented to find out age of writings - After considering said judgment at Paragraph in case this Court - In light of above decision Court below is right in rejecting plea of petitioner to send disputed cheque in question for ascertaining age of ink or variation in ink in subject matter of cheque - Court below also found that if cheque in question was issued long back as contended by petitioner accused same can be proved by way of bank records and therefore also comparison of admitted signature and alleged disputed signature are unnecessary - Such a reasoning assigned by court below is valid and justified – Further petitioner has filed instant application only after three years from date of institution of case by respondent - In any view of matter in light of decision of this Court mentioned supra relief sought for by petitioner cannot be granted - Civil Revision Petition is therefore dismissed – Though after ascertaining as to whether there is any expert available in this country and in particular Central Forensic Sciences Laboratory Hyderabad and Director of Forensic Sciences this Court has held that reference cannot be made to any expert for ascertaining age of ink used on disputed document cheque present petition has been filed challenging order rejecting above said prayer - Reverting back to case on hand before lower Court complaint has been taken on record and at this stage petition under Section 45 of Indian Evidence Act r/w Section 139 of Negotiable Instruments Act has been filed for a prayer to send cheque for above said purpose - Perusal of impugned order shows that before Court below complainant has been examined - Seven documents have been marked - Four witnesses have been examined and at that stage application has been filed - Civil Revision Case is dismissed

Judgment

1. Request of the petitioner to refer the disputed cheque dated 18.02.2013 to the Director, Central Forensic Science Laboratory, Hyderabad, Andhra Pradesh,to find out the age of the signature, has been rejected, vide order made in Crl. M.P. No. 2070 of 2014 in C.C. No. 77 of 2013 on the file of the learned Judicial Magistrate (Fast Track Court), Vellore District dated 02.12.2014 and that the same is impugned in this Criminal Revision Case on the grounds inter alia that the Court below has failed to consider the petitioner's case that he has not issued the cheque to the respondent and from the very beginning, the petitioner has denied issuance of the cheque.

2. Reliance is placed on the decision in Elumalai Vs. Subramani, reported in 2011 (3) CTC 616, this Court held as follows:

The aforenoted opinions of the reputed authors on this subject as narrated above would make it abundantly clear that it is not impossible to discover age of the ink. Hence, the plea that the procedures have not evolved so far in this country is no longer available and it cannot be acceded to. Going by the above clippings in the authorities, it transpires that it is not at all difficult task to step into the experiments under the guidelines of illustrious experts in this field. The authorities and the officials concerned have to take initiatives to evolve procedures for experiments with latest technology for achieving improvement on the subject. [para 23[b]]

On the basis of choosy and discerning performance of researches, the authors have provided procedures and devices, with reference to the names of chemicals and reagents to be utilised, to solve the issue and it is incumbent upon the experts to put the authoritative theories and the latest proved and established technologies to empirical use. They have to take the inventiveness drawing the proven and accepted principles from well settled authorities and the Government have to provide necessary latest infrastructures in the Document Division of the Forensic Sciences Laboratory and also allot necessary funds for the constitution of sophisticated laboratory which is a full-fledged one in this regard. [para 24]

The scientist can elect non-destructive technique where there is no scope of destruction of disputed document. When the authorities effectively suggest various methods for subjecting a document for this purpose, it is high time for the scientists of this State and the Government committed them in use in practice. When the science has flourished to show enormous, remarkable, striking and much advanced improvements in all other fields, while sufficient ways and means are available in this sphere, they cannot be disregarded and thrown overboard. The State shall take every possible step to provide the justice delivery system to unearth actual evidence available in a case. If the scientists or experts come across any difficulties, they can very well bring to the notice of the authorities concerned. At their request and proposal, the Government shall allocate necessary means. [para 25]

The expression that there is no scientific method available anywhere in the country or State, more particularly in the Forensic Science Department for scientific assessment of the age of handwriting to offer opinion is far from acceptance. A careful survey of the above authorities would unveil a fact that settled plans of actions for experiments are very much available and when one steps into such experiments, there is further scope for upswing in the technology. It is bounden duty of the official concerned to follow the procedures. As mentioned in para 12(b) of this judgment, even anterior to 1964, in a decision rendered by the Supreme Court, in Shashi kumar Banerjee's Case (supra) before the trial Court, the expert had stated that the determination of the age could be ascertained definitely by a chemical test. It reveals that even prior to 1964, chemical tests were in application to find out age of ink. Now, the scien







































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