No validated method for ink-age testing on cheques led to rejection of forensic examination request

The Madras HC noted that no validated scientific method or competent expert was available in India, including at the Central Forensic Science Laboratory, Hyderabad, to determine the relative or absolute age of ink on a cheque. It also noted that the application was moved at a belated stage after substantial trial progress. On that basis, the court treated the request for forensic examination as futile and unnecessary, and the prayer to send the cheque for ink-age determination was rejected. The trial court order was left undisturbed.

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Issues: Whether the disputed cheque could be sent for forensic examination to ascertain the age of the ink used in the signature and writings.

Analysis: The Court noted the earlier decisions on the subject and the material placed before it showing that no validated scientific method or competent expert was available in India, including at the Central Forensic Science Laboratory, Hyderabad, for determining the relative or absolute age of the ink on a cheque. It also observed that the application was filed at a belated stage after substantial progress in trial. In these circumstances, the request for expert examination was found to be futile and unnecessary.

Conclusion: The prayer to send the cheque for determination of the age of ink was rejected and the revision was liable to be dismissed.

Final Conclusion: The refusal to refer the cheque for forensic determination of ink age stood confirmed, leaving the trial order undisturbed.

Ratio Decidendi: Where no validated scientific method or competent expert is available to determine the age of ink, a court will not direct forensic examination of the disputed cheque for that purpose.

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