IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 10 OF JULY, 2025 CRIMINAL APPEAL No. 3729 of 2019 SANJAY DIXIT Versus HARISH KUMAR RAGHAV Appearance:

Shri Shafiqullah - Advocate for the appellant.

ORDER This appeal has been filed under Section 378 (4) of Code of Criminal Procedure by “victim” of an offence as defined under Section 138 of N.I. Act against judgment dated 31.08.2018 passed by JMFC, Jabalpur in Criminal Complaint Case No.3847/2011 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 Signature Not Verified Signed by: SARSWATI (supra) was, whether an appeal would be maintainable under the proviso to Secti