The debtor must seek creditor has been rejected by SC.
the principle that debtor may seek the creditor should be applied in
such cases. However, that argument was rejected by the Supreme Court
by following observations in paragraph 27.
“27. We regret that such a principle cannot be
applied in a criminal case. Jurisdiction of the
Court to try a criminal case is governed by the
provisions of the Criminal Procedure Code and
not on common law principle.”