The Kerala High Court dismissed a writ petition challenging the partial rejection of an application to examine a cheque for oldness of printing and ink nature. The Court held that such matters, if relevant, could be ascertained by examining bank officers, not through expert reports on printing age.
Writ Petition and pending interlocutory applications dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 7TH DAY OF AUGUST 2012/16TH SRAVANA 1934
WP(C).No. 5569 of 2010 (O)
IA NO.1127/2007 IN OS.457/2005 of PRINCIPAL SUB COURT,KOLLAM
PETITIONER(S):
K.P.GOPINATHAN PILLAI, KALPAKAM,
PADA SOUTH, KARUNAGAPPALLI, KOLLAM.
BY ADV. SRI.T.K.ANANDA PADMANABHAN
RESPONDENT(S):
BY ADV. SRI.C.S.MANU BY ADV. SRI.S.K.PREMRAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.5569/2010
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF THE PLAINT IN OS NO.457/2005 DATED 4.11.2005
EXT.P2 TRUE COPY OF THE COMPLAINT IN CC 1349/2005
EXT.P3 TRUE COPY OF THE ORDER IN IA NO.1127/07 IN OS 457/2005 RECEIVED ON 1.11.2008 EXT.P4 TRUE COPY OF THE JUDGMENT IN WP.28995/2009
EXT.P5 TRUE COPY OF THE AFFIDAVIT SWORN IN BY ADVOCATE SUBASH SYRIAC
//TRUE COPY//
THOMAS P. JOSEPH, J.
W.P.(C). No.5569 of 2010 -------------------------------------Dated this the 7th day of August, 2012.
JUDGMENT
This petition is in challenge of Ext.P3, order dated 07.08.2008 on I.A.No.1127 of 2007 in O.S.No.457 of 2005 of the Principal Sub Court, Kollam.
“to send the cheque alleged to be
issued by the 1st defendant to the plaintiff and produced by the plaintiff before this Hon'ble Court to an expert at Forensic Laboratory, Thiruvananthapuram for Chemical or other mode of examination to find out at what period or period in between the cheque had been printed and also the nature of the signature put in by the defendant with the nature of ink, the nature of style in signature that discloses the age of signature with an assessment
2
WP(C) No.5569/2010
report regarding the variation in signature/mark made by a person in counting with his age or period or duration”.
3
WP(C) No.5569/2010
Resultantly with the observation made above as to ascertaining oldness of the printing in the cheque in the manner above stated if such a course is found necessary and relevant, the Writ Petition is dismissed.
All pending interlocutory applications will stand dismissed.
THOMAS P.JOSEPH, Judge.
cks
2 issues framed by the court
Whether a cheque expert can ascertain the oldness of printing and nature of ink to determine the age of the signature.
Whether the High Court should allow further reliefs regarding the genuineness of the cheque beyond the signature authenticity.
K.P.Gopinathan Pillai
B.Usha
Dr.Resmi Pillai
Thomas P.Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
