JUDGMENT

1. This appeal is filed by the complainant/appellant under Sec. 378(4) of Cr.P.C. against the judgment and order of acquittal passed by the XXII ACMM, Bengaluru ('trial Court' for short) in C.C.No.9997/2017 dtd. 30/4/2018, whereby the sessions judge has acquitted the accused/respondent for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 ('NI Act' for short).

2. For the sake of convenience parties herein are referred to their original ranks occupied by them before the trial Court.

3. The brief factual matrix leading to the case are as under:

That the complainant is running his own bakery in the name and style of Prakash Tea House(Bakery) and accused is doing real estate business. That in the first week of October 2015, the complainant has approached the accused with an intention to purchase the site and accused has agreed for the same. That in the second week of October, 2015, the accused has shown the complainant the sites bearing Nos.36, 37 and 38 in Dwarakanagar, Chikkabanavar, Bengaluru City and then the complainant had paid a sum of Rs.12,50,000.00 as an earnest amount. That the accused has failed to get register the sites in favour of the comp