ORDER :

The respondent has filed a private complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act, alleging that the cheque which was issued by accused No.1 towards legal enforceable debt when presented for realisation was dishonoured for want of funds.

2. The learned Magistrate after recording the sworn statement took cognizance of the aforesaid offence and issued summons to the petitioner-accused No.3. Taking exception of the same, petitioner-accused No.3 is before this Court.

3. Learned counsel appearing for the petitioner-accused No.3 makes the following submissions :

(a) Cognizance taken by the learned Magistrate is without territorial jurisdiction, since the cheque was presented by the complainant through his banker at branch situated in Bangalore and the complaint was filed before the learned Magistrate at Thirthahalli and the same is not maintainable as specified under Section 142 (2) of N.I. Act.

(b) The subject cheque was not issued by the accused No.3 as he was not the signatory to the said cheque and as such the cognizance taken by the learned Magistrate in sofar it relates to accused No.3 is impermissible.

(c) The su