Karnataka High Court
J.C. Flowers Asset Reconstruction Co. ... vs K K Iyappa on 15 October, 2025
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NC: 2025:KHC:40948
CRL.A No. 1979 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1979 OF 2024 (A)
BETWEEN:
J. C. FLOWERS ASSET RECONSTRUCTION
CO. PVT. LTD.,
(ACTING IN ITS CAPACITY AS TRUSTEE OF
JCF YES TRUST 2022-23/1),
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 2013 AND
REGISTERED AS AN ASSET RECONSTRUCTION
COMPANY PURSUANT TO SECTION 3 OF
SARFAESI ACT, 2002 AND
HAVING ITS REGISTERED OFFICE AT
12TH FLOOR, CROMPTON GREAVES HOUSE,
DR. ANNIE BESANT ROAD,
WORLI, MUMBAI, MAHARASHTRA-400030
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
MR. MANIMARAN S.
...APPELLANT
Digitally signed by
LAKSHMINARAYAN N (BY SRI. S. SUSHANT VENKATESH PAI, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA
AND:
K. K. IYAPPA
NO. 009, DS MAX SANVIL APARTMENTS,
BALAJINAGAR, MALLATHAHALLI,
BANGALORE - 560017
ALSO AT:
K.K. IYAPPA
NO. 175-A, BEHIND SYNDICATE BANK
KONENA AGRAHARA, HAL POST,
BEHIND SYNDICATE BANK,
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NC: 2025:KHC:40948
CRL.A No. 1979 of 2024
HC-KAR
BANGALORE - 560017
ALSO AT:
K.K. IYAPPA
ALP CONSULTING LTD.,
ALP HEIGHTS
NO.3, PALACE ROAD, 12TH MAIN,
VASANTHNAGAR,
BANGALORE - 560052.
...RESPONDENT
(VIDE COURT ORDER DATED: 15.10.2025 NOTICE TO
RESPONDENT IS DISPENSED WITH.)
THIS CRL.A. IS FILED U/S.378(4) CR.P.C PRAYING TO
SET ASIDE THE IMPUGNED ORDER DATED 19.08.2024 PASSED
BY THE LEARNED XI ADDL. SMALL CAUSES JUDGE CITY CIVIL
COURT, BENGALURU (SCCH-17) IN C.C.NO.7240/2021 AND
ETC.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
Heard learned counsel for the appellant.
2. The appellant who is the complainant has filed the complaint under Section 138 of NI Act. The Trial Court has taken cognizance against the accused for the offence under Section 138 of NI Act and case came to be registered in C.C.No.7240/2021. On 19.08.2024, the trial Court has passed the following order: -3-
NC: 2025:KHC:40948 CRL.A No. 1979 of 2024 HC-KAR "Complainant present.
Learned counsel for the complainant prays time to take steps. Sufficient time already granted. Inspite of repeated issuance of NBW, the complainant is not taking steps to secure the accused. In the last date of hearing on the request of complainant, it was ordered to Issue NBW by the hands of complainant which shall be executed through jurisdictional police. Even though the NBW is ready it is not collected and it shows that the complainant is reluctant to take steps. No PF is paid and praying for time to take steps. The case is pending from 2021. Hence, no grounds are made out, prayer rejected. In the result the case is dismissed for default."
3. Further, a perusal of the order dated 16.07.2024, it is clear that the complainant has paid PF. The trial Court has passed an order of re-issue NBW to the accused by hands of the complainant, which shall be executed through the jurisdictional police. When the Court has issued NBW to the accused, the same has to be executed through concerned police. In view of the Rule 8 of Chapter 3 of the Karnataka Criminal Rules of Practice, 1968, all processes shall be served or executed by the -4- NC: 2025:KHC:40948 CRL.A No. 1979 of 2024 HC-KAR police, unless the Court which issues the process, otherwise directs. Even if the accused was issued with NBW by the Court, it has to be executed through concerned police. It is not possible to execute non-bailable warrant by the complainant. When the Court has issued NBW to the accused, it is the duty of the concerned police to receive the non-bailable warrant from the Court. The non-collection of the NBW by the complainant is not a genuine ground to dismiss the case. Though the complainant counsel sought time to take steps, the learned Magistrate rejected the prayer of the complainant, which is not sustainable under law. Hence, I proceed to pass the following:
ORDER
i) Appeal is allowed;
ii) The order dated 19.08.2024 passed by the XI Addl. SCJ and ACMM at Bangalore City in C.C No.7240/2021 is set aside;-5-
NC: 2025:KHC:40948 CRL.A No. 1979 of 2024 HC-KAR
iii) The case in C.C No.7240/2021 on the file of XI Addl. SCJ and ACMM at Bangalore City shall be restored;
iv) The Trial Court is directed to proceed with the case in accordance with law;
v) The complainant shall appear before the Trial Court on 18.11.2025 without seeking any further notice from the Trial Court.
vi) Registry is directed to send a copy of this order to the trial Court for taking necessary action.
Sd/-
(G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 56