TMI Blog2020 (1) TMI 1605X X X X Extracts X X X X X X X X Extracts X X X X ..... the judicial Courts. It is virtually nigh impossible for a document expert to opine definitely as to when the ink as existing on the document was used on the disputed document because another relevant question that would crop up so as to raise doubts about such opinion would be as to the actual age of ink i.e as to when the ink in question was manufactured. This Court in SUDARSHAN KUMAR VERSUS MANISH MANCHANDA [ 2015 (5) TMI 1240 - PUNJAB AND HARYANA HIGH COURT] , wherein an accused, facing trial in a complaint under Section 138 of the Negotiable Instruments Act, 1881 had moved an application at the stage of the defence evidence, for sending the cheques in question to the Director Forensic Laboratory for the purpose of determining the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is pending before this Hon'ble Court and fixed for today. 2. That the accused/applicant wants to examine the following witness in their witnesses to bring out the facts of the present case before this Hon'ble Court :- a. Mr. Neeraj S/o Sh. Ram Shakal R/o E-552, Gali No. 13, Dabua Colony, Faridabad, Haryana, is most urgent to prove the above case, as he is the eye witness of the actual version of the singleness of the incident between complainant and accused. b. Hand writing expert, corresponding to Ex.C-1 Ex- C- 2 to assist the court with his opinion in forming an opinion on the fact in issue. It is therefore prayed that the present application may kindly be allowed and the above said witness may kindly be ordered to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re 15,000/- had been written at a later stage and that the Handwriting Expert would be able to determine the age of ink which would clearly show that there has been tampering with the cheques in question. 7. I have considered rival submissions addressed before this Court. 8. The contention of the petitioner is to the effect that digit '1' had been written before the figure 15,000/- so as to make it Rs. 1,15,000/-. A perusal of the cheques in question would show that there is hardly any difference in the manner in which the digit '1' had been written. Although the digit '1' which is written twice in the figure Rs. 1,15,000/- are not strictly parallel but such type of distinction may not be sufficient to hold t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nion by such comparisons particularly when the comparison writings were not made with the same ink on similar paper and not stored under the same conditions as the documents under examination , and that it will not be possible for a document expert, however reputed he might be, anywhere in the world, to give any definite opinion on the probable date of the horoscope and the ink writing in the margin of the almanac. 10. This Court in 2015(4) RCR(Criminal) 68 Sudarshan Kumar Versus Manish Manchanda, wherein an accused, facing trial in a complaint under Section 138 of the Negotiable Instruments Act, 1881 had moved an application at the stage of the defence evidence, for sending the cheques in question to the Director Forensic Laboratory f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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