1 Cr W.P. No.330 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Criminal Writ Petition No.330 Of 2011 Vilas s/o Shrirang Thorat. .. Petitioner. Versus M/s. Shriram City Union Finance Ltd. And Another. .. Respondents. -------- Shri. Sanjay Mundhe, Advocate, for petitioner. -------- CORAM: K.U. CHANDIWAL, J. DATE: 24th JUNE 2011. PER COURT : 1) Heard learned counsel for the petitioner. 2) Considering the controversy involved, notice to respondent is not issued. 3) The applicant faced prosecution in terms of Section 138 of the Negotiable Instruments Act arising out of a transaction of hire purchase of the vehicle and having issued cheque in realization of installment. 4) A complaint was propagated by the accused that certain documents, which were imperative and necessary, ought to have been produced by the financier and consequently 2 Cr W.P. No.330 of 2011 by application Exhibit 49 in STC No. 2126/2009 the accused moved the impugned application. 5) On perusal of the order of the learned Judge I find that whatever the set of documents the complainant possessed including the documents which indeed was not required for prosecution in terms of Section 138 of the NI Act were produced. Those documents are copy of loan application, copy of loan cum hypothecation agreement which has incorporation of irrevocable power of attorney and demand promissory note. Initially when the complaint was lodged the counter foil of the cheque and the cheque which was bounced were also placed. The learned Judge has rightly said that the accused also examined the Sub Regional Transport Officer, Shrirampur at Exhibit 45 on the point of registration of the disputed vehicle for which loan is sanctioned. Incidentally said witness has also produced relevant documents on record. The learned Judge found that, it was sweet choice of the complainant which set of documents he should produce to establish his case. I do not find error in the order questioned before this Court. The application lacks merit, dismissed. Sd/- (K.U. CHANDIWAL, J.) rsl