Applications filed under Section 482 Cr.P.C. post-01.07.2024 are not maintainable due to the enforcement of the BNSS, necessitating compliance with new procedural requirements.

Headnote:
(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code, 1973 - Section 482 - Application to quash complaint - Application dismissed as not maintainable post-repeal of Cr.P.C. and enforcement of BNSS - Court reiterated that applications filed after 01.07.2024 must comply with new procedural requirements under BNSS. (Paras 3, 7)

(B) New Criminal Laws - Transition from Cr.P.C. to BNSS - The court emphasized the necessity for compliance with new procedural laws and clarified the implications of the transition on pending cases. (Paras 4, 6)

Facts of the case:
The applicant sought to quash an order in a complaint case under Section 138 of the Negotiable Instruments Act. The application was filed post the repeal of the Cr.P.C., which was superseded by the BNSS, making the application under Section 482 Cr.P.C. not maintainable.

Findings of Court:
The application under Section 482 Cr.P.C. is dismissed with liberty to file a fresh application under Section 528 of BNSS.

Issues: The main issue was whether the application under Section 482 Cr.P.C. was maintainable after the enforcement of BNSS.

Ratio Decidendi: The court found that all applications filed under Section 482 Cr.P.C. after 01.07.2024 are not maintainable due to the enforcement of BNSS, which requires compliance with new procedural laws.

Result: Application dismissed.

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Heard Sri Amit Kumar, learned counsel for the applicant and Sri Ramesh Kumar, learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 14.08.2024 passed by Presiding Officer, Additional Court, Aligarh in Complaint Case No. 307 of 2024 (Punjab National Bank through Manager Mohd. Nehaluddin Vs. Kamal Kumar Singh), under Section-138 of Negotiable Instruments Act, 1881.

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 17.12.2024. 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observed that all the applications filed u/s 482 Cr.P.C. after 01.07.2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 01.07.2024 and the proceedings or orders of District Courts subsequent to 01.07.2024 could be challenged only u/s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 dated 06.08.2024 passed in Deepu's case (supra)

6. The Hon'ble

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