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2017 (4) TMI 1607

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..... y the learned Judge of the Madras High Court, namely Handwriting Forensics by B.R. Sharma, Chapter 25 contains a Glossary under the title Documenpaedia . In the said chapter, there is an interesting portion relating to INK AGE . Thus, it is clear that no useful purpose will be served by referring the document to the Handwriting Expert. Hence, the dismissal of the applications by the Court below cannot be found fault with. Therefore, the Civil Revision Petitions are dismissed. - Civil Revision Petition Nos. 6069 and 6071 of 2016 - - - Dated:- 7-4-2017 - V. Ramasubramanian, J. For Appellant: A. Bhaskara Chari For Respondents: V.S.R. Anjaneyulu ORDER V. Ramasubramanian, J. 1. These revisions arise out of th .....

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..... r examination by a Handwriting Expert. But both these applications were dismissed by the trial Court, forcing the petitioner to come up with the above revisions. 5. Interestingly, this is not a case where the petitioner denies his signature in the suit promissory note. His only case is that he signed a blank promissory note on 13-08-2010 and gave it to one Raghava Arjuna Rao and that the said promissory note was filled up by the respondent herein in June, 2014 to come up with the present suit. Paragraph 5 of the affidavit of the petitioner filed in support of the applications out of which the present revision petitions arise reads as follows: 5. I further submit that I signed on the empty promissory note and cheque in August, 2010 an .....

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..... has not made any prayer for referring the age of the writing in the cheque for examination by the Handwriting Expert. 8. In any case, it is highly doubtful that it is possible for a Handwriting Expert to fix the age of the ink where the dispute with regard to the age is only 4 years. At least if the time gap is about 30 to 40 years, it may perhaps be possible for the handwriting expert to fix the age. But when the time gap pleaded is just about 4 years, I do not think it is possible to fix the age. 9. Several decisions were cited on both sides and I shall take up those decisions for consideration in the chronological order. 10. In Shashi Kumar Banerjee and others v. Subodh Kumar Banerjee AIR 1964 Supreme Court 529, the Supreme Cour .....

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..... which was followed in Elumalai v. Subbaramani 2011 (6) MLJ 524, the learned Judge of the Madras High Court quoted the certain excerpts from the latest edition of Examination of Disputed Documents by Bhuvan. But none of the portions extracted by the learned Judge from the book, throw any light upon the question whether it is possible to identify the age of the ink on a document when the time gap pleaded is only about 4 years. 13. In a rather painstaking exercise, the learned Judge of the Madras High Court has quoted extensively from (i) Forensic Science in Criminal Investigation and Trials by B.R. Sharma, (ii) Suspect Documents their scientific examination by Wilson Harrison and (iii) Scientific Examination of Questioned Documents .....

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..... even from an ink line without visibly damaging the writing line. High Performance TLC gives better results. The date of induction of a particular ink, therefore can be ascertained with the help of its manufacturer. If a document is purported to be written prior to its induction of the ink, it is obviously false. In some countries data relating to induction of various inks is kept for ready reference. Some inks fade with time. The extent of fading may give some idea about the age of the writing. Inks diffuse in the paper. The extent of diffusion may give some guess about the age of writing. Iron inks become darker in colour with age. The shade of the ink may give some idea of the age of writing. In some countries age marker chem .....

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