SUNITA MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri S.P. Singh, learned counsel holding brief of Sri Saurabh Tripathi, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned AGA for the State.

(2.) The present application has been filed to quash the order dtd. 7/11/2023 passed by Additional Civil Judge (J.D.), Court No.26, Shahjahanpur, as well as entire proceedings of Complaint Case No.4419 of 2016, convert in Case no.348 of 2017. Smt. Sunita Mishra Vs. Resham Bhadauriya @ Rekha, under Sec. -138 of Negotiable Instruments Act, 1881, Police Station-Sadar Bazar, District-Shahjahanpur, by which the learned Additional Civil Judge (J.D.), Court No.26, Shahjahanpur, reject the amendment application of the applicant.

(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 21/8/2024. 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observed that all the applications filed u/s 482 Cr.P.C. after 1/7/2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 1/7/2024 and the proceedings or orders of District Courts subsequent to 1/7/2024 could be challenged only u/s 528 of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: