Ink-age forensic testing on cheques lacks scientific certainty, so refusal to order such examination was upheld.

Where a party sought forensic examination of cheques to determine the age of ink in the body of the instruments, the HC held that no reliable scientific method exists to give a definite opinion on ink age because manufacture date and other relevant conditions cannot be ascertained with certainty. On that basis, the Magistrate's refusal to send the cheques for such examination disclosed no illegality, and interference under Section 482 CrPC was unwarranted. The challenge to the order was therefore rejected, leaving the refusal to permit ink-age testing undisturbed.

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Issues: Whether the cheques should be sent to a forensic laboratory for determining the age of the ink used to fill in the body of the cheques, and whether the order refusing such request warranted interference in proceedings under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The petition rested on the plea that the cheques were issued as blank security cheques and were later filled in, so forensic examination was necessary to establish the age of the writing and ink. The Court held that there is no accurate scientific method by which an expert can give a definite opinion on the age of ink, since the manufacture date and other conditions affecting the ink cannot be reliably ascertained. Relying on the settled view that expert opinion on the age of ink cannot furnish scientific certainty, the Court found that the Magistrate had not committed any illegality in rejecting the application.

Conclusion: The request for forensic determination of the age of ink was not sustainable, and the challenge to the impugned order failed.

Final Conclusion: The petition seeking quashing of the order dismissing the forensic application was dismissed, leaving the refusal to send the cheques for ink-age examination undisturbed.

Ratio Decidendi: In the absence of any reliable scientific method to determine the age of ink, a court will not interfere with an order refusing forensic examination for that purpose.

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