IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

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ON THE 4 OF NOVEMBER, 2025 CRIMINAL APPEAL No. 9973 of 2025 JITENDRA RAGHUWANSHI Versus NILESH PATEL Appearance:

Shri Satyam Rai - Advocate for the appellant.

ORDER This appeal has been filed under Section 378(4) of the Code of Criminal Procedure, 1973 by “victim” of an offence as defined under Section 138 of N.I. Act against judgment dated 25.07.2025 passed by Judicial Magistrate First Class, Bhopal (M.P.) in RCT No.3007534/2017, whereby respondent/accused has been acquitted of an offence under Section 138 of N.I. Act in the light of provisions contained under Section 256 of the Criminal Procedure Code, 1973 on account of non appearance of the appellant.

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 adjudi