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 demand