Mr. Inderjit Singh, J.:- Applicant-Parkash Saini has filed this application under Section 378(4) Cr.P.C. seeking permission for leave to appeal against respondent Bhupinder Singh Jolly, challenging the impugned judgment dated 15.12.2010 passed by learned Judicial Magistrate Ist Class, Rupnagar, whereby the accused-respondent was acquitted.

2. It is mainly stated in the application that accompanying appeal is being filed which is likely to succeed on the grounds taken therein. It is also stated in the application that the judgment passed by learned JMIC, Rupnagar is totally based upon conjecture and surmises, whereas the positive evidence brought on record against the accused-respondent has been totally brushed aside causing a severe miscarriage of justice. It is, therefore, prayed that leave to appeal be granted.

3. Notice of motion was issued and learned counsel for the respondent appeared and contested the application.

4. I have heard learned counsel for the parties and have gone through the record.

5. As per the record, the complainant Parkash Saini filed a complaint against accused Bhupinder Singh Jolly under Section 138 of The Negotiable Instruments Act. As per complai