J U D G M E N T

This is an appeal filed by the complainant, challenging the judgment and order passed by the trial Court, dismissing the complaint filed by him against the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I. Act').

2. For the sake of convenience, the parties are referred to by their rank before the trial Court.

3. It is the case of the complainant that he and accused are friends having known to each other since long time. During the year 2011, when complainant was making enquiries to purchase a site measuring 30' x 40' ft, accused offered to sell his site. However, when accused was not in a position to give original documents, complainant shelved the said idea. Later accused offered to sell him 15 guntas out of 27 guntas of land in Sy.No.40 of Chikkadasarahalli. After negotiation, they agreed the rate at Rs.50,000/- per gunta and out of Rs.7,50,000/- payable by the complainant, he paid Rs.3,25,000/- by way of advance.

4. However, when complainant enquired with the revenue authorities, he came to know that the said land belongs to Government and it cannot be sold. Therefore, he requested the accused to return the amo