Paramjit Singh Patwalia, J.

1. The instant application has been filed under Section 378(4) Cr. P.C. for grant of leave to appeal against the impugned judgment dated 19.01.2012 passed by the learned Sub Divisional Judicial Magistrate, Assandh, whereby respondent has been acquitted of the accusation under Section 138 of the Negotiable Instruments Act notice of which was served upon him.

Brief facts of the case as mentioned in the impugned judgment are as under:-

Complainant is a partnership firm working under the name and style of M/s. Guru Nanak Tractors, Kaithal Road, Assandh, District Karnal and deals in selling tractors and implements and is having agency of Mahindra Tractors. Lakhwinder Singh being one of the partners is competent and authorize the complainant for purchase of a tractor. Accordingly, accused purchased a Mahindra Tractors, Model No. 265-D1 and also purchased a trolley through invoice No. 32 dated 26.06.2006 total amounting to Rs. 3,25,000/-. Out of the said amount a sum of Rs. 2,28,000/- was received by the complainant through Mahindra Finance on behalf of accused as a part payment of the abovesaid tractor trolley. However, for the rest of the amount, accused