IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE HIMANSHU JOSHI

th

ON THE 13 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 17418 of 2019

SHAILENDRA SINGH

Versus

VIVEK SINGH

Appearance:

None for the applicant.

ORDER

This petition has been filed by the applicant against the judgment passed by

the Judicial Magistrate First Class, Satna dated 19.02.2019 in Criminal Case No.1463/2012, whereby the learned trial Court has acquitted the respondent for the

charge under Section 138 of NI Act, 1881.

2. Aforesaid criminal case was instituted on the basis of private complaint filed

by the victim/applicant.

3. The question before this Court is whether instant petition 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 complaint under Section 138 of the Negotiable Instruments Ac