IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE B. P. SHARMA

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ON THE 4 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 8296 of 2009 B.L. MISHRA Versus HARIPRAKASH AGRAWAL AND OTHERS Appearance:

Shri Raunak Yadav - Advocate for the applicant.

ORDER This application under Section 378(4) of Cr.P.C, 1973 has been filed by the complainant/victim against the judgment dated 03.08.2009 passed by the Judicial Magistrate First Class, Chhatarpur (MP) in Criminal Case No.449/2008, whereby learned trial Court has acquitted the accused (respondents herein) of the charges under Section 500 of IPC.

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

3. 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 In