1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2011 CORAM: THE HONOURABLE Mr.JUSTICE C.T.SELVAM Crl.R.C.(MD)No.66 of 2011 and M.P(MD)No.1 of 2011 A.P.Manoharan .. Petitioner/Accused Vs. Murugan .. Respondent/Complainant Prayer : Criminal revision Petition filed under Section 397 r/w 401 and 482 Cr.P.C., to set aside the order passed by the learned Judicial Magistrate No.6 of Madurai in Cr.M.P.No.1782/2010 in STC 907/2009 dated 22.10.2010 by allowing this criminal revision by directing the learned Judicial Magistrate to send the disputed cheque alleged to be issued by the petitioner/accused in favour of the respondent/complaint on 16.11.2008 to the forensic lab at Hyderabad for getting the opinion regarding the age of the ink used in writing for dates, the words and figures and different natures of handwritings found in the cheque in the nature and circumstances of the case and in the interest of justice, equity and good conscience. For Petitioner : Mr. V.Venkatesaperumal ORDER This revision arises against the dismissal of an application moved by the petitioner in Cr.M.P.No.1782 of 2010 in S.T.C.No.907 of 2009 before the learned Judicial Magistrate No.VI, Madurai. 2. Under Cr.M.P.No.1782/2010, the petitioner had sought that the cheque giving rights to the complaint of an offence under Section 138 of the Negotiable Instrument Act, be sent to the Forensic Lab at Chennai for obtaining opinion regarding to the writing the words found in the cheque and different types of hand writings found thereon. In dismissing the petition, the lower Court has relied upon the decision of this Court reported in 2010- 1-L.W.(Crl.) 165 (R.Jagadeesan Vs.N.Ayyasamy and other), wherein this Court heard the Assistant Director, Forensic Department, Government of Tamil Nadu, Chennai, who informed that there was no scientific method available anywhere in the state and particularly, in the Forensic Science Department, to scientifically assess the age of any writing and to offer opinion. Such expert also informed that there was one Institution known as Nutron Activation Analysis, BARC, Mumbai, where there is a facility to find out the approximate range of the time during which the writings would have been made and that the same was a Central Government Organisation. Such expert further informed that even such opinion could not be exact. Hence, this Court had found sending the documents for opinion in respect of the age of the writing on documents should not be resorted to hereafter by the Court unless, in future, due to scientific advancements, new methods are invented to find out the age of the writings. 3. We find no error in the decision of the lower Court. Of course, we note that the petitioner has also sought the expert views on the different nature of handwriting found upon the cheque in question. 4. The counsel for the petitioner has produced Forensic literature by https://hcservices.ecourts.gov.in/hcservices/ 2 way of typed set of papers towards impressing upon this Court that the nature of examination called for by the petitioner indeed is possible. We satisfactorily are not impressed. We note that it is the grievance of the complainant that the case in S.T.C.No.907 of 2009 is being unduly prolonged by adopting delaying tactics. Interest of justice can well be secured by permitting the petitioner to examine an expert on his side. 5. Accordingly, this revision is dismissed with the above observation and the lower Court is directed to dispose of the case before it within a period of five months from the date of receipt of a copy of this order That the revision petitioner faces any difficulty in producing an expert before the lower Court shall not be reason enough to allow any delay in the conduct of the proceedings. Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar(LA) /TRUE COPY/ Assistant Registrar To 1.Judicial Magistrate No.VI, Madurai. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.V.Venkatesaperumal, Advocate SR.No.5181 Crl.R.C.(MD)No.66 of 2011 10.02.2011 vsm PA/15.03.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/