S. B. CRIMINAL MISC. PETITION NO.986/2007 MANGILAL RAYAL V. MAHENDRA & MAHENDRA FINANCE SERVICES LTD. DATE OF ORDER ::: 20/11/2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. R.S.Choudhary, for Petitioner (s). Mr. M.L.Khatri, PP, for the State. Petitioner facing trial for the offence under Section 138 N. I. Act preferring this petition requests quashing of cognizance order dated 4.1.07. Learned counsel for the petitioner submitted that (1) as per complaint itself, petitioner, if at all, issued cheque, it was issued in the capacity of guarantor. (2) No amount was payable from petitioner. (3) Jodhpur Court has no jurisdiction as cheque was neither issued, nor dishonoured here. Learned counsel for the respondent argued that amount was payable from petitioner – cheque issued and signed by the petitioner – wherever cause of action or part accrued, proceedings can be and, in this case, amount was payable at Jodhpur and notice also from Jodhpur. Considered arguments and perused the order of cognizance and also copy of complaint. In the complaint, stated are the averments alleged liability of petitioner and issuance of cheque by him and signed by him. Looking to the above view of the matter, the petition has no force and it is dismissed. (C. M.TOTLA), J. scd