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

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ON THE 10 OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 11647 of 2019 SURENDRA KUMAR DUBEY Versus NEELENDRA MISHR Appearance:

Shri Arun Kumr Dixit - Advocate for the petitioner.

Shri Rajendra Kumar Raghuwanshi - Advocate for the respondent.

ORDER This petition has been filed by the applicant against the judgment passed by the Judicial Magistrate First Class, Raisen (M.P.) dated 16.01.2019 in Criminal Complaint Case No. 782/2007, 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 ag