TMI Blog2010 (2) TMI 1315X X X X Extracts X X X X X X X X Extracts X X X X ..... erfere with the order of the learned Sessions Judge. In the result, the revision is allowed and the impugned order of the learned Sessions Judge is set aside and the order of the learned Judicial Magistrate No. II, Pollachi is restored. Consequently, connected Miscellaneous Petition is closed. - S. Nagamuthu, J. For the Appellant: A. Ramesh, Sr. Counsel ORDER S. Nagamuthu, J. 1. The Petitioner is the complainant in C.C. No. 550/2006 on the file of the learned Judicial Magistrate No. II, Pollachi and the Respondent is the accused. This case is instituted on a private complaint given by the Petitioner for an alleged offence said to have been committed by the Respondent punishable under Section 138 of the Negotiable I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r this purpose, the learned Senior Counsel for the Petitioner relied on a judgment of the Honourable Supreme Court by a quorum of six Honourable Judges wherein in paragraph Nos. 8 and 9 of the judgment, the Honourable Apex Court has held that it is not at all possible. 4. The learned Senior Counsel would also rely on a judgment of this Court in Jagadesan v. N. Ayyasamy reported in 2010 (1) CTC 424 : 2010 1 L.W. (Crl.) 165. In the said case, I had an occasion to call the Assistant Director of Forensic Sciences Department, Document Division, Chennai to inform the Court as to whether there is any expert available in the State who can offer any opinion about the age of the ink and the writings. Accordingly, he appeared before this Court and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision in Yash Pal v. Kartar Singh reported in AIR 2003 P H 344. Yet another decision of this Court by the learned Single Judge is in S. Gopal v. D. Balachandran reported in 2008 (1) MLJ 769. In this case also, similar view has been taken. 7. A perusal of all the above judgments would go to clearly indicate that as of now, there is no expert in terms of Section 45 of the Indian Evidence Act available who could be in a position to offer any opinion regarding the age of the ink by adopting any scientific method. In view of all the above, I am inclined to interfere with the order of the learned Sessions Judge, Fast Track Court No. III, Coimbatore. 8. In the result, the revision is allowed and the impugned order of the learned Sessions J ..... X X X X Extracts X X X X X X X X Extracts X X X X
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