TaxTMI 
TaxTMI 
2009 (4) TMI 1053
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....borrowed a sum of Rs. 5,000/- from the Finance Company run by the plaintiff and this petitioner put his signature and his left thumb impression on a blank pro-note, in which, only numericals of Rs. 5,000/- written at the top, and that the said Rangasamy discharged the loan. However, the plaintiff did not return the above said blank pro-note to the defendant and that the said document has been forged and fabricated, with material alteration as if, the defendant owes Rs. 85,000/- to the plaintiff. 2. The petitioner filed the petition under Section 45 of the Indian Evidence Act and Section 151 CPC, praying the Court to refer the suit pro-note to handwriting expert to compare the difference available in the thickness, clarity of ink used to pl....
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....ng can be directed to be compared by an expert and that when the person, who delivered a cheque disputes the contents of the document, it is incumbent upon the Court to refer the same to the handwriting expert. The operative portion of the judgment is extracted hereunder: 7. When a contention has been raised that the complainant has misused the cheque, even in the case where a presumption can be raised under Section 118(a) or 139 of the said Act, an opportunity must be granted to the accused for adducing evidence in rebuttal thereof. As the law places the burden on the accused, he must be given an opportunity to discharge it. 6. In the above said decision, an earlier decision of the Supreme Court in Kalyani Baskar v. M.....
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....dh Kumar Banerjee reported in AIR 1964 SC 529, has been referred and relied upon. The extraction of portion of the judgment is as follows: Finally we may point out that the expert admitted in his evidence that it was only by a chemical test that it could be definitely stated whether a particular writing was of a particular year or period. He also admitted that he applied no chemical tests in this case. So his opinion cannot on his own showing have that value which it might have had if he had applied a chemical test. Besides we may add that Osborn on "Questioned Documents" at page 464 says even with respect to chemical tests that "the chemical tests to determine the age also, as a rule are a mere excuse to make a guess an....
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....ng of this kind purports to have been written long before and it can be shown that the ink has not yet reached its final depth of color, and it actually goes through those changes that are characteristic of ink during the first months or year of its history, it is only necessary to prove this fact to invalidate the document. The relevant authorities on this subject also lend support to the contention of the petitioner. 10. Learned Counsel for the respondent, Mr. T. Murugamanikkam, would place reliance on a decision of this Court in Sundaramoorthy v. R. Palanisamy reported in 2009 (2) MLJ 358, where, the learned Judge referred to another decision of this Court in S. Gopal v. D. Balachandran reported in 2008 (1) MLJ (Crl.) 769 : AIR 2008 (N....