acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 74 OF 2009 Shri Sanjay S/o Shankar Kedge ..Petitioner. Vs. Kupwad Urban Co­Operative Bank Ltd. & Anr. ..Respondents. ­­­ Shri Balawant Patil, Advocate i/b Mr. Shivajirao Masal, for the Petitioner. Mrs. U.V. Kejriwal, APP for the State. ­­­ CORAM: V.R. KINGAONKAR, J. DATED: 24 TH SEPTEMBER 2009 P.C.: 1 Heard. The learned counsel appearing for petitioner seeks adjournment. Request rejected. 2. The Petition is filed for quashing of the criminal complaint filed by the respondent no.1 for offences committed under section­138 of Negotiable Instruments Act. The quashing of the criminal complaint bearing no. S.C.C. No. 1313 of 2004 is sought on the basis of defences. It is well settled that the probable defence cannot be used as plank in such proceedings for quashing of the complaint. The case of the Petitioner is that the cheque was misused by respondent no.1­bank. The process was issued against the petitioner by the 1 learned Judicial Magistrate. Alternate remedy is available. The Petition consists of disputed questions of facts consequently, the Petition is dismissed. [ V.R. KINGAONKAR, J ] 2