IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 18 OF JULY, 2025 CRIMINAL APPEAL No. 6514 of 2025 ATUL BARANGE Versus NARENDRA SINGH Appearance:

Shri Ayush Choubey - Advocate for appellant.

ORDER This appeal has been filed under Section Section 419 /419(4) of BNSS by “victim” of an offence as defined under Section 138 of N.I. Act against judgment dated 29.05.2025 passed by JMFC, Timarni District Harda in SCNIA No. 386/2019 whereby respondent/accused has been acquitted of an offence under Section 138 of N.I. Act.

2. Learned counsel for the appellant submits that present appeal cannot be filed before Sessions Court under Proviso to Section 413 of BNSS, as in the instant case appellant's complaint was dismissed for want of prosecution whereas i n Celestium Financial Vs. A. Gnanasekaran Etc. , 2025 SCC Online SC 1320, complainant's complaint was dismissed on merits. Therefore, principle of law down in Celestium Financial (supra) is not appli