Forensic examination of a disputed cheque may proceed despite admitted signature when ink age and writings remain contested.

A disputed cheque may be sent for forensic examination to determine the age of ink and the contents written on it, even where the accused admits the signature, if the writings themselves remain in issue. In a prosecution under section 138 of the Negotiable Instruments Act, the court recognised that expert assistance under sections 45 and 73 of the Evidence Act, read with section 293 CrPC, can aid the trial on disputed handwriting and document contents. The admitted signature did not bar scientific examination because the defence specifically challenged the ink and writings. The trial court's refusal was set aside and the cheque was directed to be forwarded for expert examination.

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Issues: Whether the disputed cheque could be sent for forensic examination to ascertain the age of ink and contents, and whether admission of signature by the accused barred such examination.

Analysis: The application was made in a prosecution under Section 138 of the Negotiable Instruments Act, 1881, at the defence stage, seeking reference of the cheque to the forensic laboratory. Sections 45 and 73 of the Indian Evidence Act, 1872 recognise expert opinion and comparison of handwriting, while Section 293 of the Code of Criminal Procedure, 1973 permits use of reports of scientific experts in criminal proceedings. The admitted signature did not conclude the controversy because the accused specifically disputed the age of ink and the writings on the cheque. In that situation, the disputed document could be sent for expert examination so that the trial court may receive scientific assistance on the disputed contents.

Conclusion: The application for forensic examination of the cheque was maintainable and ought to have been allowed; the refusal by the trial court was set aside.

Final Conclusion: The accused obtained relief, and the disputed cheque was directed to be forwarded for scientific examination with the trial to proceed on merits thereafter.

Ratio Decidendi: A disputed cheque may be referred for expert examination to ascertain ink age and writing contents even where the signature is admitted, if such scientific inquiry is relevant to the defence and the truth of the document remains in issue.

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