1. For the sake of convenience, the parties will be referred to as the complainant and the accused.

2. The complainant initiated a prosecution in S.T.C.No.64 of 2005 before the learned Judicial Magistrate No.1, Madurai, under Section 138 r/w 142 of the Negotiable Instruments Act against the accused, in which, by judgment dated 11.07.2006, the accused was convicted for the offence under Section 138 r/w 142 of the Negotiable Instruments Act and was sentenced to undergo one year simple imprisonment and fine of Rs.5,000/-, in default, to undergo three months simple imprisonment. Challenging the conviction and sentence, the accused filed Crl.A.No.109 of 2006, which was heard by the learned Additional Sessions Judge, Fast Track Court No.2, Madurai, in which, the accused was acquitted on 15.10.2007. Challenging the acquittal, the complainant filed the present appeal with a delay of 1138 days in re- presentation, which has been condoned by this Court, by order dated 03.01.2018 in M.P.(MD)No.1 of 2011 and the Special Leave Petition has been taken up for disposal.

3. Heard Mr.D.Shanmugaraja Sethupathi, learned counsel appearing for the petitioner/complainant and Mr.K.Viralinathan, le