2015 (5) TMI 1240

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..... Section 482 of the Code of Criminal Procedure, 1973 (here-in-after called 'Cr.P.C.') for quashing the order dated 22.04.2015 passed by learned Judicial Magistrate First Class, Ludhiana in Criminal Complaint No.417/2 of 17.03.2011, whereby the application moved by the petitioner-accused for sending the cheques in question to the Director Forensic Laboratory has been dismissed. 2. The petit .....

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..... or the petitioner contended that the cheques in question have been fabricated. These blank cheques were issued in the year 2008 for the purpose of security for the loan advanced to Harjinder Kumar, the brother of the petitioner. These cheques were later on manipulated in the year 2011 by filling in the body of the cheque. He contended that the determination of the age of the writing/ink used to fi .....

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..... rt to give any definite opinion about the age of the ink as it is not known in which year the ink used to write the document was manufactured. The Constitutional Bench of Hon'ble Supreme Court in case Union of India Vs. Jyoti Prakash Mitter, AIR 1971 SC 1093, elaborately dealt with this issue and laid down as under :- "10. After consultations between the Ministry of Home Affairs and the Mini .....

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..... CR (Civil) 701, has also laid down that expert opinion to check the age of ink cannot help to determine the date of writing of the document as the ink used in the writing of the document may have been manufactured years earlier. 7. In case Tarsem Singh Vs. Ravinder Singh 2014(11) RCR (Civil) 2112, this Court has again reiterated that there is no scientific method available for determine the age o .....

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..... he petitioner is of no help to him in view of the judgment of the Constitutional Bench of Hon'ble Apex Court in Union of India Vs. Jyoti Prakash Mitter (supra). Consequently, the impugned order passed by the learned Judicial Magistrate First Class, Ludhiana does not suffer from any illegality. 9. Resultantly, the present petition is without any merits and the same is hereby dismissed.
Cas .....

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