IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 13 OF JANUARY, 2026

CRIMINAL APPEAL No. 4403 of 2025

MITHLIESH CHOUKSEY

Versus

RANVEER SINGH

Appearance:

Shri Brijesh Kumar Choubey - Advocate for appellant.

ORDER Section 2(wa) of the Cr.P.C.

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 18.02.2025 passed by Judicial Magistrate First Class, Jabalpur (M.P.) in SC NIA No.1701 of 2019, 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 Code of Crimina