The central legal point established in the judgment is the requirement for the complainant to dispatch the legal notice with the correct address and prove the service or receipt of the notice in accordance with Section 138 of the Negotiable Instrument Act.

Heard learned counsel for the petitioner and State.

2. Petitioner seeks special leave to appeal against the judgment of acquittal dated 20th December, 2017 passed by learned Court of Judicial Magistrate, 1st Class, Jamshedpur in C/1 Case No. 2710 of 2013, whereunder the sole accused/opposite party No. 2 herein has been acquitted of the charges under Section 138 of Negotiable Instrument Act, 1881.

3. Complainant's case in brief as made out in the complaint is that the accused, a registered contractor under JUSCO and well known to him, took a sum of Rs. 5 lac from the complainant to develop his business and assured that he will return the aforesaid amount by July, 2013. On being demanded on 22nd July, 2013, he issued a Cheque bearing No. 191026 for Rs. 5 lac on the same day drawn on State Bank of India, Sakchi Branch, Jamshedpur in favour of the complainant. On being presented to the Bank, it was returned with memo "Funds Insufficient" on 5th August, 2013. Complainant sent a legal notice to the accused through his lawyer by registered post with A/D on 5th August, 2013 demanding cash payment of the Cheque amount within a period of 15 days, but despite lapse of aforesaid period, the accused neither paid the said amount nor gave reply to the legal notice. Therefore, a complaint was filed on 24th August, 2013.

4. After solemn affirmation of the complainant and inquiry, learned trial Court found prima facie case made out under Section 138 of Negotiable Instrument Act and issued summons on the accused to appear. On accusation being explained to the accused on his appearance on 6th February, 2014, he pleaded not guilty and claimed to be tried.

5. Complainant examined himself as C.W.-1 and was also subjected to cross-examination. The following exhibits were adduced on his behalf :

Ext. 1	Original cheque No. 191026 dated 22.7.2013 of Rs. 15,00,000/- drawn on SBI, Sakchi Branch, Jamshedpur (with objection).
Ext. 2	Original Bank Return Memo dated 5.8.2013 of cheque No. 191026.
Ext. 3	Copy of Legal notice dated 5.8.2013
Ext. 3/1	Postal Receipt dated 5.8.2013.

6. During cross-examination, defence proved copy of the notice of certificate case and signature of complainant in capital letter on attendance of C.W.-1 on 8th September, 2014, which were marked as Exts.-A and B (with objection) respectively.

7. The statement of the accused was recorded under Section 313, CrPC after conclusion of the evidence of the complainant.

8. Accused examined himself as DW1 and adduced the following documents in his defence :

Ext. C to Ext. C/4

Five cash deposit slips dated 29.08.14, 27.6.14, 31.7.14, 28.10.14 and 29.12.14 respectively.

9. Learned trial Court after analysis of the evidence on record came to a considered finding that the complainant had failed to send a legal notice at the correct address of the accused i.e., M4-20, Old cable town, Golmuri, Jamshedpur. This was the address averred in the complaint petition also. Learned trial Court found that C.W.1-complainant, in his cross-examination, deposed that he was having knowledge of the address of accused as M4-80 and in para 20 he admitted himself that he sent a demand notice at the address of M4-20, Cable Town (Ext. 3/1). He also admitted that he had not sent any demand notice at the address-M4-80. He also admitted at para 21 that though he was in possession of Acknowledgment Due, but he did not file the same in the Court. He also stated at para 22 that he was aware that the accused had received the notice and he admitted that he was having the Acknowledgment Due at his home, but he could not assure whether he could file the same in the Court or not. During cross-examination, a suggestion was put to C.W.1 that the demand notice was sent at wrong address and this was concealed from the Court, which C.W.1