Forensic examination in cheque dishonour cases allowed where ink-age testing and signature comparison support a fair defence.

In a cheque dishonour prosecution, the HC held that the accused could seek forensic examination of the disputed cheque, including ink-age testing and comparison with an admitted signature, where such examination was relevant to the defence under the Evidence Act and fair trial considerations. The Court noted earlier views doubting scientific capability to determine ink age, but accepted that a later order had recognised forensic facility at Hyderabad and had directed examination of disputed documents. The accused was therefore given an opportunity to produce an admitted signature from the same period, and the contrary orders of the courts below were set aside.

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Issues: Whether the accused in a cheque dishonour prosecution was entitled to have the cheque sent for forensic examination to ascertain the age of the ink and for comparison with admitted signatures.

Analysis: The petition arose in a prosecution under Sections 138 and 142 of the Negotiable Instruments Act, where the accused invoked Section 45 of the Indian Evidence Act in aid of his defence. The Court noted that earlier decisions had held that no scientific facility was available to determine the age of ink, but a later order had recognised that the Central Forensic Science Laboratory at Hyderabad claimed such facility and had directed examination of the disputed document. In those circumstances, and having regard to the accused's consistent defence and the requirement of a fair trial, the Court held that the accused should be given an opportunity to send the cheque for examination, together with an admitted signature of the same period for comparison.

Conclusion: The request for forensic examination was allowed and the contrary orders of the courts below were set aside, subject to the accused producing the admitted signature within the time granted.

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