IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 7 OF JULY, 2025 CRIMINAL APPEAL No. 1461 of 2016 JAIN PLASTO TECNIKS Versus SUSHIL KUKREJA Appearance:

Shri R.Jain - Advocate for appellant.

ORDER This appeal has been filed under Section 378(4) of Code of Criminal Procedure by “victim” against judgment dated 20.01.2016 passed by JMFC, Jabalpur in Complaint Case No. SCNIA No.10637 of 2007 whereby respondent/accused has been acquitted of an offence under Section 138 of Negotiable Instrument 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 in Celestium Financial Vs. A. Gnanasekaran Etc. , 2025 SCC Online SC 1320.

5. The central issue arising for adjudication in Celestium Financial (supra) was, whether an appeal would be maintainable under the proviso to Section 372 of the Code of Criminal Procedure , 1973 against an order of Signature Not Verified Signed by: SAR