IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.1715 of 2009 Smt. Urmila Gupta, wife of Sri Arun Kumar Gupta, resident of Anand Vatika Apartment, Block-A, 304, Nehru Nagar, P.S.- Patliputra Colony, Town and District- Patna. …………..Petitioner Versus 1. The State of Bihar. 2. Sri Sunil Kumar Verma, son of Late Awdhesh Kumar Verma. 3. Smt. Munni Kumari, wife of Sri Sunil Kumar Verma. (Both residents of M.I.G.310, Lohiya Nagar, P.S.- Kankarbagh, District- Patna) …………..Opposite Parties ---------------------------------- 2. 30.11.2011 The informant petitioner has preferred this revision application against the order dated 4.09.2009 passed by the learned Sessions Judge, Patna in Cr. Rev. No.761/2008 by which he has been pleased to set aside the cognizance of the offence under Section 138 of the Negotiable Instruments Act on the ground that compliance of the notice has not been made, which is mandatory for constituting a case under Section 138 of the Negotiable Instruments Act. The grievance of the petitioner is that the notice under the Negotiable Instruments Act has been given to the accused. As such, it is not fact that no notice has been given. It appears from perusal of the impugned order 2 that the learned Sessions Judge has found that there is no mention of the constitute notice under the Negotiable Instruments Act in the case diary. As such, no prima facie case has been found under Section 138 of the aforesaid Act. It will be open to the petitioner to raise this point by showing the notice and acknowledge during the trial if the evidence comes with regard to such notice under Section 138 of the Negotiable Instruments Act. This revision application stands disposed of. V.K. Pandey ( Amaresh Kumar Lal, J.)