Ink age examination on a cheque is not permitted without a proven expert and validated scientific method.

A cheque could not be sent for expert opinion to determine the age of the ink, because no scientifically reliable expert or laboratory in India was shown to exist for such examination. The court held that Section 45 of the Indian Evidence Act, 1872 applies only where a qualified expert with a validated method is available, and that this request appeared to be an afterthought that would merely delay the proceedings. The revision failed.

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Issues: Whether the disputed cheque could be sent for expert opinion to determine the age of the ink used in the writings.

Analysis: The Court reviewed earlier decisions on the same question and noted that, although scientific methods may exist in theory, there was no identified expert or laboratory in India that could scientifically and reliably determine the relative or absolute age of the ink in the disputed document. It held that expert evidence under Section 45 of the Indian Evidence Act, 1872 is relevant where a qualified expert with the requisite skill is available, but such expertise was not shown to exist for ink-age examination. The request to send the cheque for such examination was also viewed as an afterthought that would only prolong the proceedings.

Conclusion: The cheque could not be forwarded for opinion to determine the age of the ink, and the revision failed.

Ratio Decidendi: An opinion on the age of ink cannot be directed under Section 45 of the Indian Evidence Act, 1872 unless a scientifically competent expert and validated method are shown to exist for such examination.

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