IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

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ON THE 30 OF JANUARY, 2026 MISC. CRIMINAL CASE No. 9914 of 2016 ROMESH PANDEY Versus NARESH SHRIVASTAVA Appearance:

None for the parties.

ORDER Heard on I.A. No.11398/2016 - application under Section 5 of Limitation Act for condonation of delay.

2. Considering the averments made in the application, supported by an affidavit of the applicant, I find that good and sufficient cause is made out to condone the delay. Hence, the IA is allowed. Delay in filing the appeal is hereby condoned.

3. Heard on the application under Section 378(4) of CrPC for grant of leave to appeal. This application has been filed by the applicant against the judgment passed by the Judicial Magistrate First Class, Rewa dated 29.04.2017 in R.T. No.2004/2009, whereby the learned trial Court has acquitted the respondent for the charge under Section 138 of N.I. Act, 1881.

4. Aforesaid criminal case was instituted on the basis of private complaint filed by the victim/applicant.

5. The question before this Court is whether instant appeal is covered under proviso to Section 413 of BNSS (372 of Cr.P.C.).

6. The aforesaid issue is no lon