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2012 (7) TMI 1150 - HC - Indian LawsDishonor of Cheque - legally enforceable debt or not - cheque in question was not signed and issued - expert's opinion to ascertain the age of the ink - According to the Petitioner, the cheque in question was not signed and issued by him to the Respondent. It is his further contention that there was neither legally enforceable debt nor liability on the part of the Petitioner impelling him to issue the cheque in question. HELD THAT:- the defence of the Petitioner/Accused is that the signature in the disputed cheque was not made by him. But, already, RW2-an expert has offered opinion that it would have been made only by him. It is only as an after thought that he has filed the present Petition for forwarding the document to ascertain the age of the ink. This in my considered opinion is only a devise to unnecessarily drag on the proceedings. Thus, the Criminal Revision Petition fails and the same is liable to be dismissed. In R. Jagadeesan v. N. Ayyasamy, 2010 (1) TMI 1294 - MADRAS HIGH COURT. the learned Single Judge had summoned the Assistant Director, Document Division, Forensic Science Department, Government of Tamil Nadu, Chennai, to the Court. The said expert informed the Court that there is no scientific method available anywhere in the State, more particularly, in the Forensic Science Department to scientifically ascertain the age of any writing and to offer opinion. The learned Judge has further recorded that the said expert informed the Court that there is one institution known as Neutron Activation Analysis, BARC, Mumbai, where there is facility to find out the approximate range of the time during which the writings would have been made. It is a Central Government Organisation confined only to atomic research.
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