Court Orders Ink Analysis for Disputed Pro-Note; Emphasizes Fair Trial and Right to Present Evidence Under Negotiable Instruments Act.

The court allowed the revision petition, overturning the trial court's decision, and directed that the disputed pro-note be sent to an expert for ink analysis. This decision ensures the petitioner is afforded a fair opportunity to rebut the presumption under Sections 118(a) and 139 of the Negotiable Instruments Act. The court highlighted the importance of a fair trial and the accused's right to present evidence, emphasizing the necessity of using scientific methods to support the defense.

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Issues: Whether the disputed promissory note should be sent for expert examination to ascertain differences in the inks used and the age of the ink, and whether refusal of such examination would deny the defendant a fair opportunity to rebut the presumption arising under the Negotiable Instruments Act.

Analysis: The Court held that the presumption under the Negotiable Instruments Act is rebuttable and that the party against whom such presumption operates must be afforded a meaningful opportunity to disprove the document. It relied on the principle of fair trial and on prior decisions recognizing that disputed writings may be referred for expert examination where they can furnish material for rebuttal. The Court further observed that available scientific methods and forensic techniques can be used to examine inks and detect differences in writings, and that the mere passage of time in seeking such reference is not by itself a bar. If the expert considers that the examination would be destructive, the matter can be reported to the Court for further orders.

Conclusion: The disputed document was directed to be referred for expert examination, and the refusal to do so was held unsustainable.

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