IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 12 OF JANUARY, 2026

CRIMINAL APPEAL No. 2779 of 2015

RAMDAS GUPTA

Versus

SMT. RAMVATI SONDHIYA

Appearance:

Shri Prakhar Awasthi - Advocate for appellant.

ORDER

This appeal has been filed under Section 378(4) of Cr.P.C. by

“victim/complainant” against the judgment dated 26.09.2012 passed by Judicial Magistrate First Class (Fast Track) Bhopal (M.P.) in R.T.No.8839/2010, 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 Criminal Procedure, 1973 against an order of acquittal passed in a case instituted upon a private complaint un