Ink age examination in cheque cases may be allowed where the disputed cheque can rebut statutory presumptions.

In a cheque dishonour prosecution, the accused was held entitled to seek forensic examination of the disputed cheque to test the age of the ink, because the document itself could support rebuttal of the statutory presumptions under negotiable instruments law. The court recognised that expert assistance is not limited to handwriting or signature comparison where the defence is that the cheque was issued blank and later filled in. Denying ink-age examination would restrict the accused's opportunity to adduce defence evidence and affect fair trial rights. Scientific ink analysis was treated as a feasible method, with any practical concerns to be managed by the expert and trial court.

---

---

Issues: Whether the accused was entitled to have the cheque referred for forensic examination to ascertain the age of the ink in order to support the defence and rebut the statutory presumptions arising in a cheque dishonour prosecution.

Analysis: The availability of expert assistance cannot be confined merely to comparison of handwriting or signature when the document itself may furnish material for rebuttal. The accused had specifically pleaded that the cheque was issued blank with only his signature and that the contents were filled up later; in such a situation, denial of examination regarding the age of the ink would curtail the opportunity to establish the defence. The statutory presumptions under the negotiable instruments law are rebuttable, and the right to adduce defence evidence must be preserved to ensure a fair trial. The Court also noted that scientific methods and forensic techniques for ink examination were available, and any practical difficulty or possible destruction of the document could be addressed by the expert and the trial court.

Conclusion: The accused was entitled to refer the disputed cheque for expert examination, and the order refusing such request was unsustainable.

Ratio Decidendi: Where a disputed document may provide material for rebutting statutory presumptions, the accused must be afforded a fair opportunity to subject it to appropriate expert examination, including examination of ink age, if scientifically feasible.

---