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2022 (9) TMI 1208 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - fading of the ink of the signatures - whether the cheque were not signed at the time of filling up of the contents of the pro-notes and cheques? - HELD THAT:- It is pertinent to note that as per the directions of the learned Single Judge in A. INAYATHULLAH VERSUS A. RAMESH [2015 (1) TMI 1482 - MADRAS HIGH COURT], the Assistant Director appeared before the Court and informed that there is no scientific method available anywhere in this State, 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 he submitted that even such opinion cannot be exact. He further submitted that the said Nutron Activation Analysis is confined only to atomic research, the documents relating to prosecutions and other litigations cannot be sent to that institution. This Court in KANAGARA VERSUS RAMAMOORTHY [2021 (10) TMI 1365 - MADRAS HIGH COURT] has observed that it is very much clear that there is no mechanism or scientific method to find out the age of the writing or ink. But the learned Additional District Judge, without considering the non-availability of any such mechanism, by simply observing that the defendant has to be given an opportunity to prove his defence and no prejudice would be caused to the plaintiff, allowed the petition. Hence, this Court has no hesitation to hold that the impugned order is not good in law and the same is liable to be set aside. The impugned order, dismissing the petition filed by the accused cannot be found fault with and consequently, this Court concludes that the above Criminal Revision Petition is devoid of merits and the same is liable to the dismissed - this Criminal Revision Petition is dismissed.
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