2015 (5) TMI 1240

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.... The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (here-in-after called 'Cr.P.C.') for quashing the order dated 22.04.2015 passed by learned Judicial Magistrate First Class, Ludhiana in Criminal Complaint No.417/2 of 17.03.2011, whereby the application moved by the petitioner-accused for sending the cheques in question to the Director Forensic L....

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....sused in the year 2011. 3. Learned counsel for the petitioner contended that the cheques in question have been fabricated. These blank cheques were issued in the year 2008 for the purpose of security for the loan advanced to Harjinder Kumar, the brother of the petitioner. These cheques were later on manipulated in the year 2011 by filling in the body of the cheque. He contended that the determi....

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.... my opinion, it is not possible for a document expert to give any definite opinion about the age of the ink as it is not known in which year the ink used to write the document was manufactured. The Constitutional Bench of Hon'ble Supreme Court in case Union of India Vs. Jyoti Prakash Mitter, AIR 1971 SC 1093, elaborately dealt with this issue and laid down as under :- "10. After consu....

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.... 6. This Court in case Yash Pal Vs. Kartar Singh, 2003 (3) RCR (Civil) 701, has also laid down that expert opinion to check the age of ink cannot help to determine the date of writing of the document as the ink used in the writing of the document may have been manufactured years earlier. 7. In case Tarsem Singh Vs. Ravinder Singh 2014(11) RCR (Civil) 2112, this Court has again reiterated that t....