KAMAL KUMAR SINGH Vs. STATE OF U. P.

JUDGEMENT

(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 dtd. 14/8/2024 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 Sec. -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 & 4 Others Vs. State of U.P. & 3 Others) vide order dtd. 6/8/2024 has observed that all the applications filed u/s 482 Cr.P.C. after 1/7/2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 1/7/2024 and the proceedings or orders of District Courts subsequent to 1/7/2024 could be challenged only u/s 528 of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 1/7/2024 (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 1/7/2024 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) Sec. 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 1/7/2024, the same will be proceeded as per the procedure of BNSS. (v) The pending trial on 1/7/2024, if concluded on or after 1/7/2024 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 1/7/2024 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 1/7/2024, 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."