Sandeep Mehta, J. - (1.) LEARNED PP was directed to keep the handwriting expert from Rajasthan Forensic Science Laboratory (RFSL) before this Court so that this Court could enquire about the possibilities of scientific examination of the handwritings on a document "in relation to the age of ink". Dr. Ramesh Choudhary, S.S.O. (Doc.), RFSL is present in Court and he submits that with the available scientific measures, aids & equipments in RFSL, such a scrutiny/opinion/examination is not possible. In view of the above statement made, the question which falls for the consideration of this Court is what should be the remedy made available to the petitioner for proving his defence or having the age of handwritings on the disputed cheque examined.
(2.) THE petitioner who is facing trial in the Court of CJM, Chittorgarh for the offence under Sec. 138 of the Negotiable Instruments Act has been raising the contention regarding the cheque having been given to the complainant more than five years prior to the same being presented in the Bank by the complainant. The petitioner accordingly filed an application before the trial Court for having the cheque sent to the RFSL for the opinion regarding the age of the writings on the cheque. The trial Court has rejected the said application observing that there is an order of RFSL dt. 29.03.2010 available on the record of the case as per which RFSL expressed its inability to examine the age of the handwritings on the cheque. In view of the above situation and the fact that the petitioner raised his objection about the age of writings on the cheque at the earliest, this Court feels that the examination of the writings of the cheque is essential as per the view of the Hon'ble Apex Court in the case of T. Nagappa vs. Y.R. Muralidhar reported in : 2008 (1) NIJ 621 (SC).
(3.) DR . Ramesh Choudhary present in Court, informed this Court that the Central Forensic Science Laboratory (CFSL) has a wing named Government Expert on Questioned Documents, which has subsequently been merged in the CSFL at Delhi which probably has the scientific measures for examination of the age of the writings on the cheque.;