JUDGMENT

G.R. Swaminathan, J.—The appellant in this appeal is the complainant in C.C No.4 of 2006 on the file of the Judicial Magistrate No.III, Tiruchirappalli. It is a case arising under Section 138 of the Negotiable Instruments Act. The respondent was the accused. The respondent had issued a cheque for a sum of Rs.5,98,302/-. The said cheque was dishonored on presentation. After following the statutory formalities, the appellant’s father filed C.C No.4 of 2006. The case ended in conviction vide judgment dated 06.06.2011. Questioning the same, the respondent filed C.A No.57 of 2011. The appellate court by judgment dated 19.11.2012 allowed the appeal and acquitted the respondent. Challenging the same, this appeal came to be filed.

2. Heard the learned Senior Counsel appearing for the appellant and the learned counsel appearing for the respondent.

3. The appellate court noted that even according to the complainant, the debt was incurred by the accused during the year 2000. Ex.P1 is the letter of undertaking issued on 01.04.2004. Since the acknowledgement was made after three years from the date of debt, it is without any legal consequence. The complaint cheque is dated 01.09.2005 a