IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL nd ON THE 2 OF JULY, 2025 CRIMINAL APPEAL No. 6546 of 2023 RAJENDRA PRASAD MISHRA Versus ASHOK KUMAR TIWARI Appearance:

Shri Dharmendra Kumar Tiwari - Advocate for appellant.

Mr. Kapil Rohra- Adv. appeared for respondent.

ORDER This appeal has been filed under Section 378 /378(4) of Cr.P.C. by “victim” of an offence as defined under Section 138 of N.I. Act against judgment dated 11.4.2023 passed by JMFC, Jabalpur in SCNIA No.808/2014 whereby respondent/accused has been acquitted of an offence under Section 138 of N.I. Act.

2. Aforesaid criminal case was instituted on the basis of private complaint filed by the victim/appellant.

3. The question before this Court is whether instant appeal is covered under proviso to section 413 of BNSS (372 of Cr.P.C.).

4. Aforesaid issue has been recently dealt with and adjudicated by Hon’ble Apex Court inCelestium Financial Vs. A. Gnanasekaran Etc., 2025 SCC Online SC 1320.

5. The central issue arising for adjudication in Celestium Financial Signature Not Verified Signed by: S HUSHMAT (supra) was, whether an appeal would be maintainable under the proviso to