Opinion of handwritting expert
Querist :
Anonymous
(Querist) 22 November 2011
This query is : Resolved
A bogus company while proceeding against it in criminal proceedings submits photocopy of an audit report in his defence . But when put to verification, auditor denied his signatures on the report. Investigating Officer wishes to get opinion of Hand writting Expert regarding signature. Now advice, what is the value and significance of Hand writting expert's opinion. whether H.W. experts opinion is possible on photocopy basis. Auditor fears that H.W. experts opinion may go against him because his signatures have been very cleverly fabricated/ copied.
ajay sethi
(Expert) 22 November 2011
original has to be produced for expert to give his opinion .
In P. Sood & Co. v. Peerchand Misrimalji Bhansali15, a Division Bench of the Madras High Court opined that the practice of sending original documents in the custody of the Courts to the handwriting experts is highly objectionable one and a very bad procedure. It was further observed that proper procedure would be to permit the handwriting expert to inspect the document in the Court premises itself in the presence of some responsible officers of the Court and if necessary the expert may be permitted to have photographic copies of the documents in the presence of the responsible officers of the Court.
ajay sethi
(Expert) 22 November 2011
In Bheri Nageswara Rao v. Mavuri Veerabhadra Rao and others4 a learned Judge of this court observed at paras 4 and 5 as hereunder: "Section 45 of the Act enables the court to obtain the opinion of an expert on various aspects, including the one relating to the comparison of disputed signatures. An expert would be in a position to render his opinion, only when the original of the document containing the disputed signature is forwarded to him. Further, there can be effective comparison and verification of the signatures, if only another document containing the undisputed signatures of the contemporary period are made available to the expert. In the instant case, respondents 1 to 3 filed Exs.B.13 and B.15, which are, admittedly, the Xerox copies of general power of attorney, dated 21-12-1988 and khararnama, dated 21- 12-1988. It is rather incomprehensible that an expert would be able to undertake analysis of the imprint of a signature, on a Xerox copy.
The opinion of a hand writing expert involves the analysis of the slant, which a person uses in the matter of putting his signature, and in some cases, the point of time, at which it may have been subscribed. These analyses would become possible only vis-a-vis an original signature; and the signature mark on a Xerox copy of a document can never constitute the basis."
Rajeev Kumar
(Expert) 22 November 2011
Mr. Sethi has replied in detail
Advocate. Arunagiri
(Expert) 22 November 2011
The document itself is not a admissible document.
Signature on the xerox copy can not be sent to the expert opinion.
The expert can be called as a witness and cross examined.
Devajyoti Barman
(Expert) 23 November 2011
Yes it is permissible and necessary for ends of justice.
The Calcutta High Court does not proscribe the procedure as discourages by the Madra High Court.
Here it is the rule and not the exception that any party may apply for sending a document to expert of FSL.
Shonee Kapoor
(Expert) 23 November 2011
Nothing more to be added after detailed reply.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 23 November 2011
Yes, Nothing more to be added after detailed reply.
prabhakar singh
(Expert) 24 November 2011
Then why should i add except one that i agree.
Querist :
Anonymous
(Querist) 24 November 2011
The experts should give their specific opinion. If they state like " nothing to be added " or " I agree " should be avoided. It is just wastage of time of all of us including experts.
Raj Kumar Makkad
(Expert) 24 November 2011
Ajay sethi though has copied and pasted here in detail but main question still remains unanswered which somehow has been replied by Arunagiri. A photocopy is not an admissible document and such document cannot be sent to the HW expert for his expert opinion on signature. Until and unless original document on file is not present, no opinion can be given.
prabhakar singh
(Expert) 26 November 2011
Then still misunderstood are your facts which ,I am sorry, I also overlooked in my first attempt.
Where as your case is at INVESTIGATION stage where company has provided any photo state copy of any audit report but in inquiry the auditor has denied his signature and hence Investigation officer is desirous to send it for Hand Writing Opinion.The signature is forged but auditor finds it very much resembling to his original signature.THEN YOUR QUESTION is can a Hand writing expert give opinion on a photo state or Not????
To my mind the expert should deny to give such opinion on a photo state document which is well known to him also that same is not admissible in evidence,secondly,if he gives,the same could be challengeable by
not only his cross examination but also by producing a counter opinion of some other expert of repute at the time of trail if any begins.
