JUDGMENT 1. - This Misc. Petition under Section 482 Cr.P.C. has been filed against the order dated 26.7.2008 whereby application of the petitioner under Section 91 Cr.P.C. has been rejected and revision has also been dismissed. 2. The short facts of the case are that respondent No. 2 filed a complaint under Section 138 of the Negotiable Instruments Act against the present petitioner involving cheque of Rs. 38,500/-. During the cross examination of the complainant, it was revealed that an account of the loan has been maintained by the complainant and the contention of the present petitioner is that in lieu of the cheque of Rs. 38,500/- he has paid money in the tune of Rs. 1,92,650/- and no money is due against the present petitioner. The cheque has been misused and application has been presented to call the documents relating to sanction of the loan and loan account. 3. The contention of the present petitioner is that all these documents are relevant to decide the controversy in the complaint and when he has already paid much more amount than the cheque amount, no money is due from him and the complaint is misconceived.Per contra, the contention of the learned Public Prosecutor is that loan amount is not disputed in the complaint. The court below has rightly held that only issue regarding cheque amount is to be decided, and there is no infirmity in the impugned order. 4. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the impugned order. 5. It is true that the complainant has admitted in his cross examination that he is in possession of the original loan documents and the loan account but loan account and the loan documents are not in issue before the court below in the proceedings under Section 138 of the Negotiable Instructions Act, only dishonoured cheque is in issue and documents as regard to whole loan account is irrelevant and court below has rightly held that if there is any receipt for the payment of the impugned cheque that only can be considered. All other such documents are irrelevant and application has been rightly rejected by the court below. There is no infirmity or perversity in the order and the petition is liable to be rejected.The petition is accordingly dismissed. Petition dismissed. *******