drp {1} Cri. Application No.5437/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5437 OF 2010 Kantilal Dattu Gadekar APPLICANT VERSUS Sahadu Dagdu Gadekar RESPONDENT ....... Mr. S.T.Shelke, Advocate for the applicant Mr. H.U.Dhage h/f Mr.N.V.Gaware, Advocate for respondent ....... [CORAM : A.V.POTDAR, J.] DATE: 24th March 2011 PER COURT: 1. Heard learned counsel for the applicant. 2. By the present application u/s 482 of the Criminal Procedure Code, the applicant, original accused in STC No. 398/2009, pending on the file of 3rd JMFC, Shrigonda, impugns the correctness of rejection of his application whereby the applicant had prayed to refer the cheque and signature on the same, to hand writing expert, as he denied the authorship of hand writing and signature. drp {2} Cri. Application No.5437/2010 3. Perused the impugned order. Though the application of the applicant is rejected, yet liberty is given to him to file fresh application for the same cause, after entering his defence. When the Court expressed its inclination, learned counsel for the applicant seeks leave to withdraw the present application with a request to clarify as to at what stage the liberty has to be exercised. 4. In the premise, leave granted to the applicant. The application is dismissed as withdrawn. It is however clarified that the applicant may file the said application after the evidence of complainant is over, but before the applicant would step in witness box. The petition is dismissed with this clarification. Parties to act on the authenticated copy of this order. [A.V.POTDAR, J.] drp/A11/criapln5437-10