J.C. Flowers Asset Reconstruction Co. ... vs Prem Kumar
2025 Latest Caselaw 9256 Kant

Karnataka High Court

J.C. Flowers Asset Reconstruction Co. ... vs Prem Kumar on 16 October, 2025

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                                                               NC: 2025:KHC:41276
                                                           CRL.A No. 1987 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. 1987 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:

                       PREM KUMAR
                       NO. 94, KSRTC LAYOUT,
                       CHIKKALASANDRA,
                       SUBRAMANYAPURA POST,
                       BANGALORE - 560061

                       ALSO AT:
                       PREM KUMAR,
                       MINDTREE LIMITED, GLOBAL VILLAGE,
                               -2-
                                            NC: 2025:KHC:41276
                                       CRL.A No. 1987 of 2024


HC-KAR



MAILSANDRA, NEAR RN COLLEGE OF
ENGINEERING, BANGALORE-560058.
                                                 ...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 ADDITIONAL SMALL CAUSES JUDGE ACMM
CITY    CIVIL   COURT,     BENGALURU      (SCCH-17)    IN
CC.NO.7280/2021 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.7280/2021. 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

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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

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

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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.7280/2021 is set aside;

iii) The case in C.C No.7280/2021 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;

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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