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2009 (4) TMI 1053 - MADRAS HIGH COURTForged and fabricated Promissory note (pro-note) - reference can be made to any expert for ascertaining the age of the ink used on the disputed document/cheque, or not - Section 45 of the Indian Evidence Act r/w Section 139 of the Negotiable Instruments Act - HELD THAT:- There is no legal embargo for getting opinion from the handwriting expert, which would effectively assist the Court in reaching a just decision. By no stretch of imagination, it could be stated that the opinion of the expert, is not relevant factor for adjudication of the dispute and in order to unearth the truth, the Court can very well refer the matter for comparison and necessary chemical examination. Following the principles laid down in Apex Court in Shashi Kumar Banerjee v. Subodh Kumar Banerjee [1963 (9) TMI 51 - SUPREME COURT], it is observed that it is necessary to get the opinion of the handwriting expert as per the prayer contained in the affidavit. Hence, the order passed by the Court below calls for intervention and the same is liable to be set aside, which is accordingly set aside and the Civil Revision petition deserves to be allowed. The trial Court shall follow the relevant procedure for referring the suit pro-note to the handwriting expert and to get the opinion and proceed with the case further. Thus, it is observed that it is necessary to get the opinion of the handwriting expert as per the prayer contained in the affidavit - In fine, the Civil Revision Petition is allowed.
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