IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE HIMANSHU JOSHI

th

ON THE 12 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 7933 of 2019

RAJEEV TRADERS KARAUNDIYA

Versus

SHRI SAI ENTERPRIZES AND OTHERS

Appearance:

None for the petitioner.

ORDER victim within the meaning prescribed under Section 2(wa) of the Cr.P.C.

This petition has been filed by the petitioner against the judgment

passed by the Judicial Magistrate First Class, Sidhi dated 23.01.2019 in Complaint Case No.1147/2016, 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 pa