IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI nd ON THE 2 OF SEPTEMBER, 2025 CRIMINAL APPEAL No. 8192 of 2025 DEVENDRA NAYAK Versus GOPAL SHIVHARE Appearance:

Shri Jitendra Tiwari - Advocate for the appellant.

Shri D.R. Vishwakarma - Government Advocate for the State.

ORDER This appeal has been filed under Section 419 of the Bharatiya Nagarik Suraksha Sanhita , 2023 by “victim” of an offence as defined under Section 138 of N.I. Act against judgment dated 29.07.2025 passed by JMFC, Katni (M.P.) in SC NIA No.316/2022, 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. The aforesaid issue is no longer res integra in light of the judgment of Hon'ble Apex Court in the case of Celestium Financial Vs. A. Gnanasekaran Etc. , 2025 SCC Online SC 1320. The issue arose in said adjudication was whether an appeal would be maintainable under the proviso to Section 372 of the Co