Age of ink and writings

Age of the INK and expert opinion

The Madras HC has held in P.R.RAMAKRISHNAN vs. P.GOVINDARAJAN  [(2007) 1 MLJ (Crl) 1297] that when the accused disputes his signature in the cheque in question in a proceeding under Sec.138 of the Negotiable Instruments Act, the court has to afford an opportunity to the accused to obtain an expert's opinion as to the genuineness or otherwise of the signature found therein. The above ratio will not apply to a case where a cheque admittedly signed by the drawer is sought to be analysed by an expert for opinion as to the age of the ink used in the cheque.

13. In YASH PAL v. KARTAR SINGH (AIR 2003 Punjab and Haryana 344), it has been observed that the age of the ink cannot be determined on the basis of the writing if the ink in dispute was manufactured five years prior to the date of execution of the document and used effectively on a particular date for the first time and an expert's opinion as to the age of ink will not resolve any controversy, but, it will help to create only confusion.

14. As rightly observed by the Punjab and Haryana High Court in the ratio referred to above, if an old ink is used by the person, who assisted the drawer who had already put his signature in the cheque, to fill up the matter, no useful purpose will be served if such a cheque is analysed by the expert for rendering an opinion.

15. It is found that the age of the ink cannot be determined by an expert with scientific accuracy. Further, the use of old ink manufactured long ago will definitely create a dent in the opinion furnished by an expert. Therefore, there is no necessity for sending the disputed cheque admittedly signed by the petitioner to an expert for his opinion. The order passed by the learned Judicial Magistrate I, Erode in C.M.PNo.2915 of 2007 in C.C.No.1287 of 2006 does not suffer from any illegality or impropriety. Therefore, there is no warrant for interference with the well considered order passed by the Trial Court.