R JAGADEESAN Vs. N AYYASAMY

JUDGEMENT

(1.) An important question as to whether the Courts can order to send documents for forensic opinion regarding the age of the writings and signatures on disputed documents has arisen for consideration in these revisions.

(2.) The respondents in these two revisions, who are the accused facing prosecution for an offence under Section 138 of the Negotiable Instruments Act, filed petitions before the learned Judicial Magistrate seeking to forward the cheques in question for examination by the Director of Forensic Science, Chennai to express opinion regarding the age of the writings as well as the signatures found on the cheques. The learned Magistrate concerned allowed both the petitions. Aggrieved over the same, the petitioner, who is the complainant in those cases, is before this Court with these revisions.

(3.) It is contended by the learned Counsel for the petitioner that the lower Court has allowed the petitions without having regard to the fact that there is no scientific method available in this State with the Director of Forensic Science to scientifically test and find out the exact age of any writings or signatures. He would rely on a Judgment of this Court reported in,S. Gopal v. D. Balachandran, 2008 1 MadLJ(Cri) 769 wherein, a learned Judge (Mr. Justice M. Jeyapaul) has taken a view that the age of the ink cannot be determined by an expert with scientific accuracy. He also relies on a Judgment of High Court of Punjab and Haryana reported in, Yash Pal v. Kartar Singh, 2003 AIR(P&H) 344 wherein also similar view has been taken.