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RAVI NATH TILHARI
Velagapudi Kishore Kumar – Appellant
Versus
Boppana Venkata Naga Krishna – Respondent
JUDGMENT
Heard Sri Sai Gangadhar Chamarthy, learned counsel for the petitioner and perused the material on record.
2. This civil revision petition under Article 227 of the Constitution of India has been filed by the defendant challenging the Order dated 26.11.2024 in I.A.No.700 of 2024 in O.S.No.1141 of 2019 on the file of the Court of the Rent Controller-cum-IV Additional Civil Judge (Junior Division)-cum-IV Additional Judicial Magistrate of First Class, Vijayawada, Krishna District.
3. The respondent is the plaintiff. He filed O.S.No.1141 of 2019 for recovery of money based on the promissory note. The plaintiff’s case was that the defendant had borrowed an amount of Rs.12,00,000/- from the plaintiff on 20.03.2018 for business purposes and family necessities and a promissory note in the presence of the scribe and attesters was executed in favour of the plaintiff on the same day agreeing to repay the loan amount with interest @24% per annum with compound interest either to the plaintiff or to his order on demand. The plaintiff had been constantly approaching the defendant for repayment. Towards part payment of the principal and interest, the defendant issued a cheque for an amount
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....
The determination of the age of ink used in disputed documents through forensic methods is currently unfeasible, and applications for such must be timely and relevant; otherwise, they may be dismisse....
There is no scientific method to determine the age of the writing or ink, as established in previous decisions.
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 ....
The absence of reliable scientific methods to determine the age of ink or documents limits the admissibility of such evidence in court, impacting the ability to establish the execution date of a prom....
The main legal point established in the judgment is that when a government expert has already stated that it is not possible to ascertain the age of the ink, and the party seeking expert opinion can ....
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.
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