Karnataka High Court
J.C. Flowers Asset Reconstruction Co. ... vs Nagaraj N S on 16 October, 2025
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NC: 2025:KHC:41274
CRL.A No. 1966 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL APPEAL NO. 1966 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:
1. NAGARAJ N S
NO.4, 4TH CROSS, BADAVARA SANGHA,
LAKKASANDRA, BANGALORE- 560030
ALSO AT:
NAGARAJ N.S.
NO.182/25A, 6TH CROSS, HOSA BADAVANE
NITUVALLI, DAVANGERE- 577002.
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CRL.A No. 1966 of 2024
HC-KAR
ALSO AT:
NAGARAJ N.S.
ALLIANCE UNIVERSITY
CHIKKAHAGADE CROSS,
CHANDAPURA, ANEKAL MAIN ROAD,
ANEKAL- 560106, BANGALORE- 550095
...RESPONDENT
(VIDE COURT ORDER DATED: 16.10.2025 NOTICE TO
RESPONDENT IS DISPENSED WITH.)
THIS CRL.A IS FILED U/S 378(4) OF CR.P.C. PRAYING TO
SET ASIDE THE IMPUGNED ORDER DTD 19.08.2024 PASSED
BY THE LEARNED XI ACMM AND ADDITIONAL SMALL CAUSES
JUDGE, CITY CIVIL COURT, BENGALURU (SCCH-17) IN
CC.NO.7279/2021 AND ETC.
THIS APPEAL, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL JUDGMENT
Heard the 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.7279/2021. On 19.08.2024, the trial
Court has passed the following order:
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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
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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.7279/2021 is set aside;
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iii) The case in C.C No.7279/2021 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
KBM
