2010 (2) TMI 1315

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....No. 550/2006 on the file of the learned Judicial Magistrate No. II, Pollachi and the Respondent is the accused. This case is instituted on a private complaint given by the Petitioner for an alleged offence said to have been committed by the Respondent punishable under Section 138 of the Negotiable Instruments Act. The Respondent has been defending the case mainly contending that the cheque was not....

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....been served on the Respondent and her name has been printed in the Cause List, the Respondent has not made appearance before this Court. It appears that the Respondent is not interested in prosecuting the matter. In view of the same, I proceed to decide the same on hearing the argument of the learned Senior Counsel appearing for the Petitioner and by perusing the records available. 3. The learn....

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....any expert available in the State who can offer any opinion about the age of the ink and the writings. Accordingly, he appeared before this Court and informed that there is no such expert and as a matter of fact, all the documents which were received for ascertaining the age of the ink and the writings were simply returned with a letter that it is not possible to offer any opinion. 5. Based on ....

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....comparisons particularly when the comparison writings were not made with the same ink on similar paper and not stored under the same conditions as the documents under examination', and that it "will not be possible for a document expert, however reputed he might be, anywhere in the world, to give any definite opinion on the probable date of the horoscope and the ink writing in the margin of th....