Karnataka High Court
J C Flowers Asset Reconstruction Co Pvt ... vs Ravi T R on 5 November, 2025
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NC: 2025:KHC:44594
CRL.A No. 1951 of 2024
C/W CRL.A No. 1999 of 2024
CRL.A No. 2004 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO.1951 OF 2024 (A)
C/W
CRIMINAL APPEAL NO.1999 OF 2024
CRIMINAL APPEAL NO.2004 OF 2024
IN CRL.A No.1951/2024
BETWEEN:
J C FLOWERS ASSET
RECONSTRUCTION CO. PVT LTD.,
ACTING IN ITS CAPACITY AS
TRUSTE OF JCF YEAS TARUST 2022-23/1
A COMPANY INCORPORATED UNDER THE
COMPANIES ACT, 2013 AND REGISTERED AS AN
ASSET RECONSTRUCTION COMPANY PURSUANT TO
Digitally signed by SECTION 3 OF SARFAESI ACT, 2002 AND HAVING
AASEEFA PARVEEN ITS REGISTERED OFFICE AT 12 TH FLOOR,
Location: HIGH
COURT OF CROMPTON GREAVES HOUSE, DR. ANNIE BESANT,
KARNATAKA ROAD, WORLI, MUMBAI MAHARASHTRA 400030,
REP BY ITS AUTHORIZED SIGNATORY,
MR. MANIMARAN S.
...APPELLANT
(BY SRI. S SUSHANT VENKATESH PAI.,ADVOCATE)
AND:
NIRANJAN GOWDA,
NO 438 VAJARAHALLI,
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NC: 2025:KHC:44594
CRL.A No. 1951 of 2024
C/W CRL.A No. 1999 of 2024
CRL.A No. 2004 of 2024
HC-KAR
BALAJI LAYOUT,
KANAKAPURA MAIN ROAD,
BANGALORE 5660062
ALSO AT NIRANJAN GOWDA,
NO.127, 4TH MAIN, 4TH CROSS,
HATTUR LAYOUT, YELAHANKA,
BANGALORE - 550095.
ALSO AT:
NIRANJAN GOWDA,
CGI INFORMATION SYSTEMS
AND MANAGEMENT CONSULTANTS PVT LTD,
ELCTRONIC CITY TOWER, 2ND 95/1 AND
95/2, ELECTRONIC CITY PHASE 1,
BANGALORE - 560100.
...RESPONDENT
(VIDE COURT ORDER DT 05.11.2025,
NOTICE TO RESPONDENT IS DISPENSED WITH)
THIS CRL.A IS FILED U/S 378(4) CR.PC (FILED U/S
419(4) BNNS) BY THE ADVOCATE FOR THE APPELLANT
PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED
TO 1.SET ASIDE THE IMPUGNED ORDER DATED 19.08.2024
PASSED BY THE LEARNED XIX ADDL.SMALL CAUSES JUDGE
AND A.C.M.M CITY CIVIL COURT BENGALURU (SCCH-17) IN
C.C.NO.7318/2021. 2. CONSEQUENTLY RESTORE
C.C.NO.7318/2021 TO FILE OF THE LEARNED XIX ADDL.SMALL
CAUSES JUDGE AND A.C.M.M CITY CIVIL COURT BENGALURU
(SCCH-17) AND GRANT COSTS OF THESE PROCEEDINGS.
IN CRL.A NO.1999/2024
BETWEEN:
J C FLOWERS ASSET RECONSTRUCTION CO PVT. LTD.,
(ACTING IN ITS CAPACITY AS TRUSTEE OF JCF YES
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NC: 2025:KHC:44594
CRL.A No. 1951 of 2024
C/W CRL.A No. 1999 of 2024
CRL.A No. 2004 of 2024
HC-KAR
TRUST 2022-23/1), A COMPANY INCORPORATED
UNDER THE COMPANIES ACT, REGISTERED AS 2013
AND 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, 400030
MAHARASHTRA REPRESENTED
BY ITS AUTHORIZED SIGNATORY
MR. MANIMARAN S.
...APPELLANT
(BY SRI. S SUSHANT VENKATESH PAI.,ADVOCATE)
AND:
RAVI T R
RAVI T.R. NO. 31, SRIKANTESHWARA NAGAR,
1ST MAIN ROAD, MAHALAKSHMI LAYOUT,
HEENAGERE APARTMENT,
BANGALORE-560086.
ALSO AT:
RAVI T.R.
S/O RAMANJINAPPA, NO.1031,
NEAR HONNALAMMA TEMPLE,
VIJAYANANDA NAGAR, NANDINI LAYOUT,
BANGALORE NORTH, NEAR HONNALAMMA TEMPLE,
BANGALORE- 560096.
ALSO AT:
RAVI T.R.
AVERY DENNISON INDIA PVT. LTD.
RBIS PLOT NO. 68, 1ST MAIN ROAD,
PHASE-1, KIADB LAYOUT,
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NC: 2025:KHC:44594
CRL.A No. 1951 of 2024
C/W CRL.A No. 1999 of 2024
CRL.A No. 2004 of 2024
HC-KAR
PEENYA INDUSTRIAL AREA,
BANGALORE- 560058.
...RESPONDENT
(VIDE COURT ORDER DT 05.11.2025,
NOTICE TO RESPONDENT IS DISPENSED WITH)
THIS CRL.A IS FILED U/S 419 OF BNNS BY THE
ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO 1.SET ASIDE
THE IMPUGNED ORDER DATED 19.08.2024 PASSED BY THE
LEARNED XIX A.C.M.M AND ADDL.SMALL CAUSES JUDGE,
CITY CIVIL COURT BENGALURU IN C.C.NO.7334/20212.
CONSEQUENTLY RESTORE IN C.C.NO.7334/2021 TO THE
FILE OF THE LEARNED XIX A.C.M.M AND ADDL.SMALL
CAUSES JUDGE CITY CIVIL COURT BENGALURU AND
GRANT COSTS OF THESE PROCEEDINGS.
IN CRL.A NO. 2004/2024
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 - 400 030.
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR. MANIMARAN S
...APPELLANT
(BY SRI. S SUSHANT VENKATESH PAI.,ADVOCATE)
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NC: 2025:KHC:44594
CRL.A No. 1951 of 2024
C/W CRL.A No. 1999 of 2024
CRL.A No. 2004 of 2024
HC-KAR
AND:
S HENRY DOUNGEL,
NO.29/4, 5TH CROSS,
5TH MAIN, FURTHER EXTENSION,
VIVEKNAGAR, BANGALORE-560047.
ALSO AT:
S HENRY DOUNGEL,
PAOLAM DOUNGEL ACEJANG VILLAGE POL
SAIKUL SENAPAT DISTRICT MANIPUR,
SENAPATI-795106, MANIPUR.
ALSO AT:
S HENRY DOUNGEL
MASSIVE RESTAURANTS PVT LTD
NO.202, 2ND FLOOR, CONCORDE BLOCK,
UB CITY, VITTALMALLYA ROAD,
BANGALORE-560001.
...RESPONDENT
(VIDE COURT ORDER DT 05.11.2025,
NOTICE TO RESPONDENT IS DISPENSED WITH)
THIS CRL.A IS FILED U/S 378 CR.PC (FILED U/S 419
OF BNSS) BY THE ADVOCATE FOR THE APPELLANT
PRAYING THAT THIS HONOURABLE COURT MAY BE
PLEASED TO 1) SET ASIDE THE IMPUGNED ORDER DATED
19.08.2024 PASSED BY THE LEARNED XIX ADDL. CMM AND
ADDL. SMALL CAUSES JUDGE, CITY CIVIL COURT,
BENGALURU (SCCH-17) IN C.C.NO.7329/2021.2)
CONSEQUENTLY RESTORE C.C.NO.7329/2021 TO THE FILE
OF THE LEARNED XIX ADDL. CMM AND ADDL. SMALL
CAUSES JUDGE, CITY CIVIL COURT, BENGALURU (SCCH-
17)3) GRANT COSTS OF THESE PROCEEDINGS.
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NC: 2025:KHC:44594
CRL.A No. 1951 of 2024
C/W CRL.A No. 1999 of 2024
CRL.A No. 2004 of 2024
HC-KAR
THESE APPEALS, COMING ON FOR ORDERS, 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 in these
petitions 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.Nos.7318/2021,
7334/2021 and 7329/2021. On 19.08.2024, the trial Court
has passed the following order:
"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
NC: 2025:KHC:44594
HC-KAR
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
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
NC: 2025:KHC:44594
HC-KAR
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) Appeals are allowed;
ii) The order dated 19.08.2024 passed by the
XI Addl. SCJ and ACMM at Bangalore City in
C.C.Nos.7318/2021, 7334/2021 and
7329/2021 is set aside;
iii) The case in C.C.Nos.7318/2021, 7334/2021
and 7329/2021 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 28.11.2025 without seeking
any further notice from the Trial Court.
NC: 2025:KHC:44594
HC-KAR
vi) Registry is directed to send a copy of this order
to the trial Court for taking necessary action.
Sd/-
(G BASAVARAJA)
JUDGE
AP,
