Heard learned counsel for the petitioner.

2. Despite valid service of notice as recorded in the order dated 18th April, 2018 and indulgence granted thereafter to opposite party no. 2 he has not appeared to contest the case.

3. Petitioner seeks special leave to appeal against the judgment of acquittal dated 16th December, 2017 passed by learned Judicial Magistrate, 1st Class, Palamau at Daltonganj in Complaint Case No. 847 of 2013/T. R. No. 60 of 2017, whereunder the sole accused/opposite party no. 2 herein has been acquitted of the charges under Section 138 of Negotiable Instrument Act.

4. As per the case of the complainant, accused had taken a friendly loan of Rs. 4,80,000/- on 7th February, 2013 in the presence of witness with assurance to return it within four months. When he failed to return it within the period stipulated, a Cheque was issued bearing no. 588985 dated 1st July, 2013 amounting to Rs. 4,80,000/- for repayment of loan. On presentation of the Cheque before the Bank, it was dishonoured due to insufficient fund as per Bank’s advice letter communicated to complainant on 2nd July, 2013. Complainant issued legal notice on 11th July, 2013 but no reply thereto was fur