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2020 (1) TMI 1605 - HC - Indian LawsDishonor of Cheque - request of the petitioner for examining Handwriting Expert, declined - tampering with the cheque - contention of the petitioner is to the effect that digit '1' had been written before the figure 15,000/- so as to make it Rs. 1,15,000/- - Section 138 of NI Act - HELD THAT:- In any case, although the science pertaining to finger print examination is developed to a great extent and is reliable and to a great extent the science of handwriting comparison is also developed but as far as the science of age of ink is concerned, the same is not so developed so as to make the same the basis for reaching at any finding by the judicial Courts. It is virtually nigh impossible for a document expert to opine definitely as to when the ink as existing on the document was used on the disputed document because another relevant question that would crop up so as to raise doubts about such opinion would be as to the actual age of ink i.e as to when the ink in question was manufactured. This Court in SUDARSHAN KUMAR VERSUS MANISH MANCHANDA [2015 (5) TMI 1240 - PUNJAB AND HARYANA HIGH COURT], wherein an accused, facing trial in a complaint under Section 138 of the Negotiable Instruments Act, 1881 had moved an application at the stage of the defence evidence, for sending the cheques in question to the Director Forensic Laboratory for the purpose of determining the age of the writing in the body of the cheque and his application had been dismissed, upheld the order of dismissal. This Court does not find any infirmity in the impugned order and the same is hereby affirmed - Petition dismissed.
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