The non-obstante clause in section 142(1) of the Act 1881 would ovveride S.406 Crpc.

The non obstante clause was there in the original S.142 itself and was not introduced by way of the amendment in the year 2015 , along with S.142 itself (2) which prescribed the manner in which cognizance has to be taken in offences under S 138 NI Act, 1881 as a departure has to be from usual Procedure in as much as prosecution.

For the said offences stand post poned despite commission of the offences being complete upon dishonour of the cheque and it must necessarily be in the in terms of procedure prescribed.

The clause has to be read and understood in the context and for the purpose of it is used and it does not lend itself to the Interpretation that 406 Crpc would stand excluded vis a vis offences u/s 138 NI Act of 1881. The power of Supreme Court to Transfer pending criminal proceedings u/s 406 Crpc does not stand abbrogated in respect of offences u/s 138 NI Act,1881.

AIR online 2015 SC 67: 2015 AIR SCW 6556