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ANIL L. PANSARE
Dnyaneshwar Eknath Gulhane – Appellant
Versus
Vinod Ramchandra Lokhande – Respondent
JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties.
2. The petitioner-original complainant is aggrieved by order dated 21.06.2023 passed by the learned Sessions Court in Criminal Revision Application No.3/2023, whereby the order dated 13.12.2022 passed by learned Judicial Magistrate First Class, Yavatmal below Exh.-49 in Summary Criminal Case No.2400/2016, has been quashed and set aside. The learned Magistrate has rejected the application filed by the respondent-accused to appoint handwriting expert for ink age test of the disputed cheque. It has rejected the application, inter alia, by relying upon judgment passed by the Rajasthan High Court in the case of Manish Singh Vs. Jeetendra Meera, (Misc. Petition No. 3093/2018), in which the High Court referred to the judgment of the Hon’ble Supreme Court in the case of Union of India Vs. Jyoti Prakash Mitter, reported in AIR 1971 SC 1093, to hold that there is no mechanism to determine the age of the ink. The expert opinion to check age of the ink cannot help to determine the date of writing of the document because the ink used in the writing of the document may have been manufac
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 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 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....
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.
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....
There is no scientific method to determine the age of the writing or ink, as established in previous decisions.
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