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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
Bonthala Ravi – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short ‘ BNSS ’) to quash the order dated 09.09.2024 passed in Crl.M.P.No.772 of 2024 in STC.NI.No.19 of 2021 by the learned Judicial Magistrate of First Class, Bellampalli.
2. The brief facts of the case are that petitioner filed Crl.M.P.No.772 of 2024 in STC.NI.No.19 of 2021 before the trial Court under Section 45 of the Indian EVIDENCE ACT to send the cheque bearing No.000011 dated 01.07.2021 to expert at Forensic Science Laboratory, Red Hills, Hyderabad for comparison and analysis of age of ink over the signature, date and name of payee on the said cheque. The trial Court, after hearing both sides, vide order dated 09.09.2024, dismissed the petition on the ground that the age of the ink cannot be determined by any scientific method. Aggrieved by the said order, the petitioner filed the present criminal petition.
3. Heard Sri G. Eashwaraiah, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State and Sri Rudresh Deshpande, learned counsel appearing on behalf of responde
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 to determine the age of the writing or ink, as established in previous decisions.
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 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.
The court emphasized the necessity of sending a disputed cheque for forensic examination to ascertain signature authenticity, ruling that the trial court's order was not merely interlocutory and thus....
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