By this application u/s 482 CrPC, the petitioner prays for setting aside the order dated 02-07-2018 passed in C.R. Case No. 85 of 2018, whereby, learned magistrate took cognizance against the petitioner, as well as for quashing the proceeding in the said CR Case No. 85 of 2018.

2. Learned counsel, Mr. A. Tiwari for the petitioner and Ms. Beauty Talukdar for the respondent No. 2 were heard.

3. The respondent No. 2, as complaint, lodged a complaint against the present petitioner, which was registered as CR Case No. 85 of 2018. On the basis of said complaint and upon enquiry made under Section 200 Cr.P.C., learned Magistrate took cognizance of offence u/s 406 IPC against the petitioner.

4. Learned counsel for the petitioner, Mr. Tiwari submitted that no part of the cause of action for the offence arose within the jurisdiction of Addl. Chief Judicial Magistrate, Jorhat, and as such, learned Judicial Magistrate lacked territorial jurisdiction to try the case. Further contention of Mr. Tiwari was that the petitioner/respondent was the resident outside the jurisdiction of the learned Addl. Chief Judicial Magistrate, Jorhat, and as such, the order taking cognizance and issuing proce