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

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ON THE 11 OF DECEMBER, 2025 CRIMINAL APPEAL No. 1700 of 2016 ARUN KUMAR SHUKLA Versus BHOLA YADAV Appearance:

Shri Sharad Gupta, learned counsel for appellant.

ORDER This appeal has been filed under Section 419 of BNSS, by the victim/complainant against judgment dated 31.10.2015 passed by the Judicial Magistrate First Class, Katni (M.P.) in RT No.793/2010, whereby respondents/accused person has been acquitted of the 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 Code of Criminal Procedure, 1973 against an order of acquittal passed in a case instituted upon a private complain