1809crn3239.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3239 OF 2009 SUNILKUMAR GOVINDMAL DODEJA VS. RAJENDRASINGH KISHORSINGH BISEN ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. SA Mohta, Advocate for the Applicant. CORAM:- R. Y. GANOO, J. DATED :- 18TH SEPT., 2009. 1. Heard Mr. Mohta, learned Advocate for the applicant. 2. In the midst of cross examination of the complainant, on the basis of some answers given by the complainant with reference to the handwriting appearing on the impugned cheque, the applicant- accused applied for referring the impugned cheque and admitted handwriting of the complainant to the Handwriting Expert. That application at Exh. 49 came to be rejected by learned J.M.F.C., Akola against which this application is filed. 3. I have heard learned Advocate for the applicant. It is noticed that application for sending the matter to the Handwriting Expert, in the midst of cross examination of the complainant, was, in my view, had 1809crn3239.09.odt 2/2 been filed at premature stage. Such an application could have been filed by the applicant after the cross examination of the complainant was over. It was also open for the applicant to make an application for referring the matter to the Handwriting Expert after his examination under Section 313 Cri. P. C. is over. In view of this observation, the applicant is now permitted to file an application as was filed at Exh. 49 at a later stage, if he so desires. In view of this observation, liberty is granted to the applicant as mentioned aforesaid and if he exercises such liberty, the learned J.M.F.C. Court No. 8, Akola shall hear that application on merits and decide the said application. Passing of impugned order below Exh. 49 would not come in the way of the applicant for filing the application and deciding the same by the learned J.M.F.C. as I have observed that the application (Exh.49) could not have been filed at the relevant time. 4. No views are expressed on any point, whatsoever. Application is disposed of in the above terms. JUDGE wwl