Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Accused signed the cheque - Opinion of handwriting expert with regard to the age of ink used in making the signature on the cheque and the age of the signature and contents of cheque - Application filed by accused wholly frivolous and trial Court had rightly rejected the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to determine age of ink - Specific defence set up by accused that cheque in question is lying with complainant since 2010 when his bank account was got opened by complainant - Accused by way of application intends to bring forward the fact that ink used for..........
Evidence Act, 1872, Section 45 -- Expert opinion - Determination of age of ink - Cannot be refused merely on the ground that defendant has not asked to determine the genuineness of signatures...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Ascertaining age of ink - Govt. experts opinion that there is no possibility of ascertaining age of ink of document - It is possible for petitioner to adduce other evidence to prove his contention - Application filed before adducing his evidence - Application cannot be allowed - Application rightly dismissed...........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - When author of document in question confirms its genuineness sending documents for determination of age of ink will not serve any purpose - Application rightly dismissed...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Promissory note - Determination of age of ink - Expert already gave his opinion that signatures on promissory note tallying with admitted signatures - There is no need to send the same again to expert for determination of age of ink and age of paper of Promissory note - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to FSL - To determine age of ink and writing of cheque - Accused not denied his signatures on cheque - Even, accused had not taken any plea that writing of cheque was in different ink - Accused could not give any plausible reason for sending cheque in..........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - There is an organization called Nutron Activation Analysis, BARC, Mumbai, which is a Central Government Organization, which undertakes the task of determining the age of ink/writing of a document...........
Evidence Act, 1872, Section 45 -- Expert opinion - Age of ink - Document alleged to be signed in 2008 and not in 2012 - Courts must take of note of the aspect while appreciating rival contentions that mere determination of age of ink/writing by an expert will not clinch the issue as to when exactly the maker has written/signed the document...........
Evidence Act, 1872, Section 45 -- Expert opinion - Determination of age of writing of ink - An expert opinion as to determine the age of writing of ink can be possible and to admit is relevant, it is premature to determine its evidentiary value as whether it can be basis or not and whether to serve as a piece of corroboration and if so to what extent is to be determined..........
