IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE B. P. SHARMA

th

ON THE 13 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 21270 of 2016

DEVENDRA KUMAR

Versus

SUSHEEM KUMAR AND OTHERS

Appearance:

Shri Krishana Kumar Gautam - Advocate for the petitioner.

None for the respondent.

ORDER

Heard on I.A. No.24739/2016, an application for condonation of

delay.

There is a delay of 138 days in filing this petition.

For the reasons mentioned in the application, the same is allowed.

Delay is condoned.

This application/petition has been filed by the complainant/victim

(applicant herein) against the judgment dated 10.05.2016 passed by the Judicial Magistrate First Class, East Niwar, District-Khandwa (MP) in Case No.459/2012, whereby learned trial Court has acquitted the accused (respondent herein) of the charge under Section 138 of Negotiable

Instruments, Act.

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

filed by the victim/applicant(s).

3. The question before this Court is whether instant application/petition is covered under proviso to Section 413 of BNSS (Section 372 of Cr.P.C.).

4. The aforesaid issue is no longer res integra in light of the judgment of Hon'ble Apex