Chakradhari Sharan Singh, J.

1. This special leave to appeal, under Section 378 (4) of the Code of Criminal Procedure, has been filed by the petitioner, who is aggrieved by the judgment and order of acquittal, dated 18.01.2016, passed by the learned Judicial Magistrate, 1st Class, Hajipur, in Trial No. 767 of 2016, arising out of C.R. No. 454 of 2010.

2. Opposite Party No. 2 stood charged of the offence, punishable under Section 138 of the Negotiable Instruments Act, at the aforesaid trial, which had commenced on the basis of a complaint petition filed by the petitioner.

3. It was alleged in the said complaint petition that the complainant had lent a sum of Rs. 80,000/- to opposite party no. 2 for expansion of the latter's business for a period of 1 month on monthly interest of 1.5%. On persistent demand having been made for re-payment of the said amount, opposite party no. 2 is said to have issued a cheque worth Rs. 80,000/- against re-payment which on presentation in the Bank stood returned, on account of insufficiency of fund in the account of opposite party no. 2. It was also alleged in the said complaint petition that a legal notice was finally sent to opposite party no