TMI Blog2009 (4) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of ink used to place 8 in front of Rs. 5,000/- and writing of the amount in words with the other words used to fill up the pro-note relating to the address of parties and to give his opinion. In the affidavit, he has stated that originally, numericals Rs. 5,000/- alone was entered in the pro-note, but the suit pro-note shows as if, it is for Rs. 85,000 A and words In Tamil as Rs.85,000/r ,have been written subsequently and hence, age, thickness and clarity of the ink have to be compared by the handwriting expert. 3. The above said petition resisted by the respondent by filing counter affidavit, stating that it is false to state that the alteration has been affected in the suit pro-note from numericals 8 to 85; that the petitioner is b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Baskar v. M.S. Sampoornam reported in 2007 (2) SCC 258, is also referred to, in which, it is observed thus, The appellant is entitled to rebut the case of the respondent and if the document, viz., the cheque on which the respondent has relied upon for initiating criminal proceedings against the appellant would furnish good material for rebutting that case, the Magistrate having declined to send the document for the examination and opinion of the handwriting expert has deprived the appellant of an opportunity of rebutting it. The appellant cannot be convicted without an opportunity being given to her to present her evidence and if it is denied to her, there is no fair trial. 7. The Supreme Court has taken a consistent view that whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no reliable date upon which a definite opinion can be based. In these circumstances, the mere opinion of the expert cannot override the positive evidence of the attesting witnesses in a case like this where there are no suspicious circumstances. 9. Learned Judge of the Andra Pradesh High Court further had taken pains to go through the authority of 'Albert S. Osborn' and extracted the view of the author, which is more appropriate to furnish here: There are those also who pretend to say how old a writing is by merely examining it with a hand magnifier or a microscope. This always is an exhibition either of ignorance or of dishonest presumption. The chemical tests to determine age also, as a rule, are a mere excuse to make a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e age of the ink cannot be determined, on the basis of the writing the ink in dispute was manufactured five years prior to the date of execution of the document and used effectively on a particular date for the first time and an experts opinion as age of ink will not resolve any controversy, but it will help to create only confusion. 11. In the above prorated judgment, this Court has taken a view that the defendant need not take any steps to disprove the case of the plaintiff and no useful purpose would be served by sending the pro-note to ascertain the age of the ink. 12. Following the principles and guidelines laid down in the decision of the Hon'ble Supreme Court mentioned supra, it is held that referring the suit pro-note to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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