S. ARUMUGAM Vs. S. VELMURUGAN

JUDGEMENT

(1.) BEING aggrieved by the dismissal of C.M.P. No. 1824 of 2013 in S.T.C. No. 261 of 2012 on the file of learned Judicial Magistrate, Fast Track Court, Attur, Salem District, refusing to send the cheque for expert opinion, the present revision case is filed.

(2.) PERUSAL of the impugned order shows that the petitioner has not disputed the signature in the cheque. All that he wants is to send the cheque to ascertain the age of the signature. According to him, cheque was stolen by the respondent. On the aspect as to whether an expert can ascertain the age of the signature in a cheque, this court, in Crl. R.C. No. 4 of 2015 dated 06.01.2015 (A. INAYATHULLAH Vs. A. RAMESH reported in : 2015 -1 -L.W. [Crl.] 338), at Paras 4 to 6, has considered few judgments, on this issue and discussed as hereunder:

(3.) AFTER considering the decisions, this Court has already dismissed a revision case, holding that there is no competent authority to ascertain the age of the ink or the age of the signature and the said facility is not available in the Forensic Departments in India. Recent decision of this Court in A. INAYATHULLAH Vs. A. RAMESH reported in : 2015 -1 -L.W. [Crl.] 338, is squarely applicable to the case on hand.