JUDGMENT

1. Heard learned counsel for the petitioner.

2. The complainant is the petitioner herein seeking special leave to appeal under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment of acquittal dated 16.01.2018 passed in C.P. Case No. 569 of 2015 (T.R. No. 1401 of 2018) by the learned Judicial Magistrate 1st Class, Dhanbad where under the sole accused, opposite party no.2 herein has been acquitted under Section 417 of the Indian Penal Code.

3. As per the complainant, friendly loan of Rs. 2,00,000/- was given to the accused for the purpose of purchasing car through cheque no. 317002 SBI, Dhanbad, which was encashed by him as well. However, even after 1 years he did not return the money and did not even bother to reply to the legal notice dated 28.01.2015 as also the reminder letter. After inquiry, summons were issued by the learned Magistrate. On appearance of the accused, substance of accusation was explained under Section 417 of the I.P.C to which he pleaded not guilty and claimed to be tried.

4. The complainant examined himself as C.W.1 and stated that the accused came to his house and asked for a loan of Rs. 2,00,000/- with the assurance to return it a