Additional Chief Judicial Magistrate empowered equivalently to Chief Judicial Magistrate for SARFAESI Section 14 applications via appointment notifications; Section 482 CrPC petition not maintainable, remedy exclusively before DRT under Section 17 SARFAESI.

JUDGMENT :

URMILA JOSHI-PHALKE, J.

1. Heard learned counsel appearing for respective parties. Admit. Heard finally by consent.

2. The present application is preferred by applicants for quashing and setting aside the impugned order dated 26.9.2025 passed below Exh.5 in Criminal Revision No.113/2025 passed by learned Additional Sessions Judge, Akola and order dated 30.8.2025 passed by learned Additional Chief Judicial Magistrate, Akola in Criminal Case No.326/2025.

3. The applicants are proprietary concern and doing its business at Akola. Non-applicant No.2 is a financial institution (the bank). The applicants have obtained financial assistance from the bank in the nature of Term Loan-1 of Rs.14,28,521.60; Term Loan-2 of Rs.56,45,974.25; CECLS-1 of Rs.25,00,000/-; CECLS-3 of Rs.52,50,000/-, and OCC of Rs.7,50,00,000/-. Against the said loans, towards security for repayments of these loans equitable mortgage in 4 immovable properties was executed in favour of the bank. Three properties, which are subject-matter of the instant proceedings, include one residential plot at Akola and one property which includes three plots at Akot and one industrial plot with constructed factory at Akot. Whereas, fourth property is located at Nagpur. The bank has subsequently sanctioned ad-hoc cash credit limit of Rs.1,30,00,000/- to the applicants on 31.5.2024. As the applicants failed to repay the said loan amounts, it was classified as “Non Performing Assets” (NPA) and the bank has issued a Demand Notice in view of Section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act).

4. The applicants on 23.1.2025, in response to the notice dated 26.11.2024 made representation as per Section 13(3-A) of the SARFAESI Act. On 31.1.2025, the bank rejected representation made by applicants and on 11.2.2025 preferred an application under Section 14 of the SARFAESI Act before learned Additional Chief Judicial Magistrate at Akola for taking possession of the properties at Akot vide Criminal Case No.326/2025. Learned Chief Judicial Magistrate allowed the application and appointed Advocate Shri Mohd.Zaheeruddin Kabiruddin as Court Commissioner to take possession of the secured assets mentioned in the application by directing that the Court Commissioner to take such steps and use such force including breaking open the lock or any hurdle thereof by taking assistance of police if required at the expenses of the applicants and if any articles/documents found in the secured asset, deliver its possession to the authorized officer of the applicants after preparing panchanama and taking inventory. It was further directed to the bank to pay amount of Rs.10,000/- as fees to the Court Commissioner and directed the Court Commissioner to submit a report regarding taking and delivering possession of the secured assets to the authorized officer of the bank.

5. Being aggrieved and dissatisfied with the same, applicants preferred a revision bearing Criminal Revision No.113/2025 which came to be dismissed on 26.9.2025 and hence, the present application.

6. Learned counsel for applicants submitted that learned Additional Chief Judicial Magistrate at Akola was incompetent in view of unambiguous language of Section 14 of the SARFAESI Act and Section 10 of the BNSS 2023 w