1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Writ Petition No.2701 of 2006 Vrishabhnath Kallappa Borgawe Petitioner Vs. Shree Bahubali Zilla Nagari Sahakari Patsanstha Ltd., Jaysingpur & anr. Respondents Mr.Ashutosh Gole for petitioner. Mr.P.A. Pol, APP for State. CORAM: B.H.MARLAPALLE, J. August 31, 2007. P.C. . Heard Mr.Ashutosh Gole, the learned counsel for the petitioner who is an accused in Criminal Complaint No.1476 of 2003 filed under Section 138 of the Negotiable Instruments Act, 1881. In the said complaint the petitioner submitted an application praying for directions to the complainant to submit the original record regarding the loan disbursed by the complainant Credit Society to the petitioner and this application came to be filed by the trial Court by nothing that the complainant has refused to produce the documents. . It is well settled that in the complaint filed under Section 138 of the Negotiable Instruments Act 2 it is for the complainant to discharge his burden regarding the existence of a debt or other liability legally enforceable against the dishonoured cheque and the accused is at liberty to cross-examine the complainant to bring out his defence and / or examine his own witnesses. Under these circumstances, if the application submitted by the present petitioner has been only filed or taken on record, no prejudice is likely to be caused to his defence, if any. . Hence the petition is rejected summarily. (B.H.MARL