( 1 ) Cri.W.P.No.759.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 759 OF 2009 Bhagwat Keshav Patil .. PETITIONER Versus Kulwantsingh Bhagatsingh Gujral .. RESPONDENT Mr.JavedR.Shaikh,Advocate for Petitioner Mr.Mr.S.S.Patil,Advocate for Respondent CORAM : A.V.NIRGUDE,J. DATED : 15TH MARCH, 2010 PER COURT :- 1. Heard. 2. The facts leading to this Writ Petition are as under: . The respondent had filed the suit against the petitioner and had obtained a decree to recover an amount approximately Rs.70,000/- from the petitioner. The respondent, thereafter, started execution of the decree and during the proceeding for execution the petitioner handed over a cheque of Rs.39,000/- to the respondent as full and final settlement of the decree. The parties recorded this arrangement/settlement in the form of compromise which was filed before the executing Court. ( 2 ) Cri.W.P.No.759.09 3. The cheque, however, failed. The respondent started present proceeding under section 138 of the Negotiable Instruments Act. I am told the trial is now at the stage of recording the evidence. Suddenly, the petitioner filed this petition to seek quashing of the complaint. The reasons mentioned is rather peculiar. 4. It is case of the petitioner now that, when the suit mentioned above was decreed against him, he challenged the same before the First Appeal Court. The appeal was dismissed in default. The learned first Appeal Court even dismissed the the petitioner's application for restoration of the appeal. Against that, the petitioner approached this Court by filing Appeal from Order, but the same too was dismissed on 3rd August,2009 and the petitioner now has approached to the Supreme Court. But, so far, he has admittedly not obtained any order from that Court. In view of this back ground there can not be quashing of the complaint. The petition thus fail. The Criminal Writ Petition Stands dismissed. Sd/- [A.V.NIRGUDE,J.] MTK/