ORDER

B.D.Rathi, J.—The instant petition under Section 482 of the Code of Criminal Procedure (for short “the Code”) has been filed by the petitioner having been aggrieved by the order impugned dated 20/1/2015 passed by the revisional court in Cri. Rev. No. 467/14 whereby the order dated 15/12/2014 passed by the JMFC, Gwalior in Criminal Case No.5069/2014 was maintained.

2. As per the facts of the case, one private complaint was filed by the respondent-Pankanj Sharma against the petitioner-Vijay Kumar Gupta alleging commission of offence under section 138 of the Negotiable Instruments Act (for short “NI Act”). After appearance of the petitioner, one application was preferred by him before the trial court on 3/11/2014 contending that in this case demand notice has not been served upon the petitioner/accused and therefore in the absence of service of notice, the complaint could not have been entertained by the court nor could any cognizance under the Act for the alleged offence have been taken. Said application was dismissed from the court of trial Magistrate vide order dated 15/12/2014. Against said rejection order dated 15/12/2014, the petitioner preferred Cri.Rev.No.467/14 before t