Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2696

IN THE HIGH COURT OF ALLAHABAD
Arun Kumar Singh Deshwal, J.
Lalit Gupta - Appellant
Versus
State of U.P. and Another - Respondents
Application U/s 482 No. 40040 of 2024
Decided On : 06-02-2025

Advocates:
Advocate Appeared:
For the Appellants : Ajay Kumar Sharma, Atul Sharma

Post-enforcement of BNSS, applications under the old Cr.P.C. are invalid and must be filed under the new law.

Headnote:
(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code - Section 482 - New Criminal Laws - The application to quash the summoning order in a complaint case under Section 138 was dismissed as not maintainable post-enforcement of the BNSS, which replaced the Cr.P.C. on 01.07.2024. The court emphasized that applications filed under the old law are invalid and must be pursued under the new legislation. (Paras 2, 7)

(B) Applicability of New Laws - The court clarified the transition from the Cr.P.C. to BNSS, detailing the procedure for pending investigations and trials, and the necessity for applications to conform to the new law after its enactment. (Paras 3, 6)

Facts of the case:
The applicant sought to quash a summoning order in a complaint case under Section 138 of the Negotiable Instruments Act, but the application was made after the new BNSS law came into effect, which governs such proceedings.

Findings of Court:
The court found the application under Section 482 Cr.P.C. to be not maintainable and dismissed it, allowing the applicant to file a fresh application under Section 528 of BNSS instead.

Issues: The main issue addressed was the maintainability of applications filed under the old Cr.P.C. after the introduction of the BNSS.

Ratio Decidendi: The court held that post-01.07.2024, any applications must comply with the BNSS, and those filed under the Cr.P.C. are invalid.

Result: Application dismissed with liberty to file fresh application under BNSS.

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Heard Sri Atul Sharma, learned counsel for the applicant and Sri Rajeev Kumar Singh, learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 06.07.2024 as well as entire proceedings of Complaint Case No. 13445 of 2017, Mohd. Maroof Vs. Lalit Gupta and others, under Section-138 of Negotiable Instruments Act, 1881, Police Station-Majhola, District-Moradabad, pending before the Additional Court 138 N.I. Act/M.V. Act, Moradabad.

3. From perusal of the report of stamp reporter, it appears that present application filed u/s 482 Cr.P.C. was presented before the Registry on 19.11.2024. The Division Bench of this court in Criminal Misc. Writ Petition No. 12287 of 2024 (Deepu & Others Vs. State of U.P. &Others) vide order dated 06.08.2024 has observed that all the applications filed u/s 482 Cr.P.C. after 01.07.2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 01.07.2024 and the proceedings or orders of District Courts subsequent to 01.07.2024 could be challenged only u/s 528 of BNSS. Paragraph no.16 of Deepu's case (supra) is being quoted as under:

"16. On the basis of above analysis, this Court is also summarising the law regarding effect of repealing the IPC and Cr.P.C. by BNS and BNSS respectively and same is being mentioned as below:

(i) If an FIR is registered on or after 1.7.2024 for the offence committed prior to 1.7.2024, then FIR would be registered under the provisions of IPC but the investigation will continue as per BNSS.

(ii) In the pending investigation on 01.07.2024 (on the date of commencement of New Criminal Laws), investigation will continue as per the Cr.P.C. till the cognizance is taken on the police report and if any direction is made for further investigation by the competent Court then same will continue as per the Cr.P.C.

(iii) The cognizance on the pending investigation on or after 01.07.2024 would be taken as per the BNSS and all the subsequent proceeding including enquiry, trial or appeal would be conducted as per the procedure of BNSS.

(iv) Section 531(2)(a) of BNSS saved only pending investigation, trial, appeal, application and enquiry, therefore, if any trial, appeal, revision or application is commenced after 01.07.2024, the same will be proceeded as per the procedure of BNSS.

(v) The pending trial on 01.07.2024, if concluded on or after 01.07.2024 then appeal or revision against the judgement passed in such a trial will be as per the BNSS. However, if any application is filed in appeal, which was pending on 01.07.2024 then the procedure of Cr.P.C. will apply.

(vi) If the criminal proceeding or chargesheet is challenged before the High Court on or after 01.07.2024, where the investigation was conducted as per Cr.P.C. then same will be filed u/s 528 of BNSS not u/s 482 Cr.P.C."

4. Thereafter, Stamp Reporter submitted a note dated 20.08.2024 before the Hon'ble Committee for implementation of New Criminal Law, High Court, Allahabad for seeking guidance for implementation of directions of judgement of Deepu’s case (supra) regarding New Criminal Laws. The Hon’ble Committee in its resolution dated 22.08.2024 has resolved that Stamp Reporter (Criminal) is directed to comply the order dated 06.08.2024 passed in Deepu's case (supra) with further direction that if any application is filed in deviation with the judgement of Deepu's case (supra) then case shall not be withheld but same shall be placed before the concerned court along with a note.

5. In pursuance of resolution dated 22.08.2024 of the Hon'ble Committee for implementation of New Criminal Laws, Registrar (J)(Criminal) section directed to Stamp Reporter (Criminal) to comply the resolution dated 22.08.2024 of the Hon'ble Committee. Thereafter from 01.09.2024, the Stamp Reporter (Criminal) Section High Court, Allahabad started making a note in applications u/s 482 Cr.P.C. which were filed in deviation of the judgement

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