IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.39246 of 2008 Radha Krishna @ Radha Krishnan . Versus State Of Bihar & Anr . ----------- 02. 22.07.2011 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner submits that the order of cognizance is not in accordance with law and does not take into account the provisions to the proviso of Section 138 B of the Negotiable Instruments Act. It is submitted that in the complaint petition as well as in S.A. it has been stated that the legal notice was issued on 06.08.2005 beyond the period of limitation. This aspect of the matter is a question of law which needs to be raised and considered by the court below. I therefore, direct that the petitioner would be at liberty to raise this issue at the time framing of charges. This application is disposed of with the aforesaid observation. Devendra/ ( Sheema Ali Khan, J)