J.C. Flowers Asset Reconstruction Co. Pvt. Ltd., Vs Manikantan a M

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 COMPANEIS 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 (BY SRI S SUSHANT VENKATESH PAI.,ADVOCATE) AND:

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MANIKANTAN A M, AGED MAJOR, NO. 16, 3RD CROSS, MOTAPPA LAYOUT, ANANDAPURA VARANASI, KRISHNARAJAPURAM, NEAR MOTHER, TERESA SCHOOL, BANGALORE - 560036. ALSO AT: MANIKANTAN A M, AGED MAJOR,

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NC: 2025:KHC:44598 CRL.A No. 2014 of 2024

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HC-KAR

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KRAYONS INTERIOR SYSTEMS PVT LTD, NO.43, P M COMPLEX, 3^RD FLOOR, CAMBRIDGE LAYOUT, ULSOOR, BANGALORE - 560008.

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…RESPONDENT

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(VIDE COURT ORDER DATED 05.11.2025, NOTICE TO RESPONDENT IS DISPENSED WITH)

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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 TO1) SET ASIDE THE IMPUGNED ORDER DATED 19.08.2024 PASSED BY THE LEARNED XIX ADDL. CMM AND ADDL. SMALL CAUSES JUDGE, CITY CIVI COURT, BENGALURU (SCCH-17) IN C.C.NO.7261/2021. 2) CONSEQUENTLY RESTORE C.C.NO.7261/2021 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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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA

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ORAL JUDGMENT

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Heard learned counsel for the appellant.

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The appellant who is the complainant has filed

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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.7261/2021. On 19.08.2024, the trial Court has passed the following order:

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NC: 2025:KHC:44598 CRL.A No. 2014 of 2024

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HC-KAR

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" Complainant present.

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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."

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Further, a perusal of the order dated 16.07.2024, it is clear that the complainant has paid PF.

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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 R ule 8 of Chapter 3 of the Karnataka Criminal Rules of Practice, 1968, all p rocesses shall be served or executed by the

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4 - NC: 2025:KHC:44598 CRL.A No. 2014 of 2024

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HC-KAR

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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:

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O R D E R

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i) Appeal is allowed ;

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ii) The order dated 19.08.2024 passed by the XI Addl. SCJ and ACMM at Bangalore City in C.C No.7261/2021 is set aside;

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