- 1 - HC-KAR NC: 2025:KHC:44594 CRL.A No. 1951 of 2024 C/W CRL.A No. 1999 of 2024 CRL.A No. 2004 of 2024 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 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, REP BY ITS AUTHORIZED SIGNATORY, MR. MANIMARAN S. …APPELLANT (BY SRI. S SUSHANT VENKATESH PAI.,ADVOCATE) AND: NIRANJAN GOWDA, NO 438 VAJARAHALLI, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44594 CRL.A No. 1951 of 2024 C/W CRL.A No. 1999 of 2024 CRL.A No. 2004 of 2024 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 - 3 - HC-KAR NC: 2025:KHC:44594 CRL.A No. 1951 of 2024 C/W CRL.A No. 1999 of 2024 CRL.A No. 2004 of 2024 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, - 4 - HC-KAR NC: 2025:KHC:44594 CRL.A No. 1951 of 2024 C/W CRL.A No. 1999 of 2024 CRL.A No. 2004 of 2024 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) - 5 - HC-KAR NC: 2025:KHC:44594 CRL.A No. 1951 of 2024 C/W CRL.A No. 1999 of 2024 CRL.A No. 2004 of 2024 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. - 6 - HC-KAR NC: 2025:KHC:44594 CRL.A No. 1951 of 2024 C/W CRL.A No. 1999 of 2024 CRL.A No. 2004 of 2024 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 - 7 - HC-KAR NC: 2025:KHC:44594 CRL.A No. 1951 of 2024 C/W CRL.A No. 1999 of 2024 CRL.A No. 2004 of 2024 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 - 8 - HC-KAR NC: 2025:KHC:44594 CRL.A No. 1951 of 2024 C/W CRL.A No. 1999 of 2024 CRL.A No. 2004 of 2024 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: O R D E R 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. - 9 - HC-KAR NC: 2025:KHC:44594 CRL.A No. 1951 of 2024 C/W CRL.A No. 1999 of 2024 CRL.A No. 2004 of 2024 vi) Registry is directed to send a copy of this order to the trial Court for taking necessary action. Sd/- (G BASAVARAJA) JUDGE AP, List No.: 1 Sl No.: 22