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2018 (9) TMI 2106 - HC - Indian LawsDetermination of age of ink in the cheque - HELD THAT:- It is observed in A. Inayathulla [2015 (1) TMI 1482 - MADRAS HIGH COURT], another expression of the Madras High Court in K. Vairavan v. Selvaraj [2012 (7) TMI 1150 - MADRAS HIGH COURT], and that though there is scientific method available, there is no expert available who can scientifically examine particularly at the Forensic Science Department of the Government of Tamilnadu. The Central Forensic Sciences Laboratory, Hyderabad, expert attended the Tamilnadu Judicial Academy to address the officials also stated that no expert is available there had and the fax message received from Assistant Director of Central Forensic Sciences Laboratory, Hyderabad, of there is no validated method in their laboratory to undertake examination to determine the relative or absolute age of the ink of the writings or signatures. It is observed in A. Inayathulla supra, by referring to the expression in R. Jagadeesan supra that there is one institution known as Nutron Activation Analysis, BABC, Mumbai, where there is facility to find out the approximate range of the time, during which the writings would have been made and it is a Central Government Organization. In view of the expression in A. Inayathulla [2015 (1) TMI 1482 - MADRAS HIGH COURT] no useful purpose can be served or no opinion can be possible are untenable and it is observed at Para 14 that the Apex Court in Kalyani Baskar v. M.S. Sampoornam [2006 (12) TMI 545 - SUPREME COURT] having set aside the order of the Magistrate upheld in revision of dismissing the application of the accused in a cheque bouncing case and allowed the request of the accused to send the disputed signatures to handwriting expert saying that is valuable right of defence, unless the Court thinks that the object of the application itself is vexatious or with a delay tactics such request cannot be negated. Once such is the case, the facility available and the expert is also available. Thus there is no meaning in arguing of no practical use or purpose or sending to determine age of the ink is a futile exercise. This Civil Revision Petition is allowed by setting aside the order of the lower Court by restoring and allowing the application with a direction to the lower Court to direct the defendant to deposit Rs. 20,000/- and send the document to the Nutron Activation Analysis, BABC, Mumbai which is a Central Government Organization where the facility of determination of age of the ink available for its determination, on petitioner's ascertain the full and correct address and availability of the facility and from deposit of the amount.
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