Ink age expert opinion on a cheque is not maintainable where no reliable scientific method exists under evidence law.

A request to obtain expert opinion on the age of ink and writings on a cheque was held not maintainable in a prosecution under Section 138 of the Negotiable Instruments Act. The Court noted that, as a practical and scientific matter, no reliable expert opinion was available to determine ink age by an accepted method, and therefore such examination could not be directed under Section 45 of the Indian Evidence Act, 1872. The consequence was that a court should not order forensic examination for this purpose where the science does not support a dependable opinion.

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Issues: Whether a request to send a cheque for expert opinion to ascertain the age of the ink and writings was maintainable.

Analysis: The Court noted that the dispute related to determining the age of the ink on the cheque in a prosecution under Section 138 of the Negotiable Instruments Act. Relying on earlier judicial decisions and the practical position that no expert was available to give a reliable opinion on the age of ink by scientific method, the Court held that such a request could not be sustained under Section 45 of the Indian Evidence Act, 1872.

Conclusion: The request for expert opinion on the age of the ink was not maintainable, and the order directing such examination was liable to be interfered with.

Ratio Decidendi: Where no scientific expert is available to furnish a reliable opinion on the age of ink, a court should not direct examination of the document for that purpose under Section 45 of the Indian Evidence Act, 1872.

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