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2011 (1) TMI 1579 - HC - Indian LawsAscertain the difference in the inks utilised for different handwritings in a disputed (pro-note) document - Suit on a pro-note for recovery of sum alongwith interest and costs - whether there are differences between the inks used for signatures in the suit pro-note and other printed form? HELD THAT:- Since various scientific avenues are available for finding out the age of the ink in a document, it must be subjected to tests as suggested by various scientists. Hence, following the ratio in the decisions in Kalyani Baskar's case [2006 (12) TMI 545 - SUPREME COURT] and T. Nagappa's case [2008 (4) TMI 789 - SUPREME COURT], and direct to refer the disputed document to such examination in order to provide an opportunity when a good material is available, to rebut the presumption as per law, by non-destructive method in this regard. If the expert concerned considers that such examination would destruct a part of the document or the document itself, they may report the fact before the Court and the Court thereafter shall pass further orders for the proof of the facts on the basis of pleadings and other evidence. Latching the opportunity to the accused in the attempt at the stage of rebutting the presumption u/s 118(a) and 139 of the Negotiable Instruments Act is not at all "fair trial". As per the settled law, every opportunity shall be extended to the party to a case to establish his defence. In this situation, it is also regarded that it is the view of the Supreme Court that some delay in taking steps for referring the document to the wisdom of the expert cannot be a legal embargo for entertaining the plea. Therefore, the disputed document has to be referred to the expert for ascertaining the age of the ink and practical hardships, if any, sustained by the expert shall be brought to the notice of the Court and the Court shall thereafter act according to the settled principles and procedures, in affording appropriate opportunity to the Petitioner/Defendant to prove his case. Hence, interference with the order challenged before this Court has become inevitable, which is set aside. The revision deserves to be allowed.
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