Crl.R.C.No.2034 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on 09.07.2026 Pronounced on 16.07.2026 CORAM : THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.2034 of 2025 and Crl.M.P.No.19156 of 2025 K.Ramkumar, S/o.Kaliyana Murthy ... Petitioner Vs. State Represented by The Inspector of Police, Central Bureau of Investigation (CBI), Bank Securities & Fraud Cell (BS &FC), Chennai. ... Respondent Prayer: Criminal Revision Petition filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and under Sections 397 and 401 of the Criminal Procedure Code, 1973, to set aside the order dated 08.09.2025 passed by the XI Additional Special Judge for CBI Cases relating to Banking and Financial Institutions, Chennai in Crl.M.P.No.1570 of 2025 in C.C.No.2 of 2003, and allow the Petition filed under Section 309 of the Code of Criminal Procedure, 1973 and Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 1/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2034 of 2025 For Petitioner : Mr.C.Manishankar Senior Counsel for Mrs.L.Maithili For Respondent : Mr.B.Mohan Special Public Prosecutor (CBI) ORDER This Criminal Revision Petition has been filed, challenging the order passed in Crl.M.P.No.1510 of 2025 in C.C.No.02 of 2003 dated 08.09.2025 on the XI Additional Special Judge for CBI Cases, Chennai thereby dismissing the Petition filed to stop the trial till the compliance of the request to supply all the documents. 2. The Petitioner is arrayed as A3 in C.C.No.02 of 2003 and is facing charges for the offences under Section 120B read with Sections 409, 420, 467, 468 and 471 of the Indian Penal Code, 1860 and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 with substantive offences thereof. 3. While pending trial, the Petitioner filed an application to stop the trial till the compliance of the following requirements:- (i) non-supply of mahazar showing list of 2/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2034 of 2025 documents seized; (ii) non-supply of the complete set of documents and the statements of witnesses in the possession of IO and filed along with the Final Report; (iii) non-supply of documents summoned pursuant to Section 91 application filed by the Petitioner. (iv) non-participation of the Official Liquidator in the trial despite specific directions of this Court in this regard. 4. The said application was dismissed by the Trial Court and aggrieved by the same, the Petitioner is before this Court by filing the present Criminal Revision Case. 5. On perusal of the records and the submissions made by the learned Counsels for both the sides, it is revealed that the charges were framed in the year 2011, though the Final Report was filed in the year 2003 and was taken cognizance by the Trial Court. 6. So far, the Trial Court had examined PW1 to PW24 and marked Ex.P1 to Ex.P219. 3/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2034 of 2025 7. The Petitioner is arrayed as A3 and he was an employee of the M/s.Fidelity Industries Limited. At the stage of summoning the other witnesses, the Petitioner filed a Petition under Section 91 of the Code of Criminal Procedure, 1973 that he was not served with all documents as was contemplated under Section 207 of the Code of Criminal Procedure, 1973. The Petitioner/A3 had kept silent all along these years and when the trial was at its fag end, he had come forward with this Criminal Revision Case. 8. In fact, the Petitioner/A3 had engaged the same counsel for 22 years and thereafter he changed his counsel. When the new counsel came on record, he filed a Petition that too at the fag end of the trial in order to protract the trial, though the Trial Court had ordered to produce certain documents in Crl.M.P.No.4519 of 2013 vide dated 20.09.2013. Thereafter, the Trial Court proceeded with the trial and the accused had cross-examined all the prosecution witnesses. Therefore, non-production of documents does not vitiate the entire proceedings. 9. The Petitioner/A3 has also failed to explain that the non- production of those records caused any real prejudice. However, as per 4/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2034 of 2025 the records submitted by the Official Liquidator in Crl.O.P.No.29515 of 2025, the following documents are available with the Official Liquidator:- S.No. Details of Documents 1. Statement of Affairs made by M/s.Fidelity Industries Limited as per Section 454 of the Companies Act, 1956 2. Report of the Official Liquidator pertaining to M/s.Fidelity Industries Limited (In Liqn) as per Section 455 of the Companies Act, 1956 3. Form No.18 dated 16.09.1998 4. Balance Sheet as on 30.09.2000 5. Form No.32 6. Form No.8 and Particulars of charge created by S.B.I 7. Form No.8 and Particulars of charge created by Apple Finance Credit Corporation Limited 8. Form No.8 and Particulars of charge created by Apple Credit Corporation Limited 9. Form No.8 and Particulars of charge created by LIC Housing Finance Limited 10. Form No.8 and Particulars of charge created by United Western Bank Limited 11. Form No.8 and Particulars of charge created by Infrastructure Leasing and Financial Services Limited 12. Form No.8 and Particulars of charge created by Times Bank Limited 13. Form No.8 and Particulars of charge created by Punjab and Sind Bank Limited 14. Form No.8 by Indian Bank 5/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2034 of 2025 15. Form No.8 by Industrial Investment Bank of India 16. Form No.8 by Allahabad Bank 17. Form No.8 by UTI Bank 10. Apart from the above documents, the Official Liquidator had also stated that on verification from the documents available in the Godown, the following records were found available in the possession of the Official Liquidator:- Sl.No. Name of the Document Period Available with OL (Number of pages) 1. Punjab & Sind Bank Statement and Advice File (Correspondence File) 1996 to 2001 Voluminous 2. Share Holder Correspondence File --- 18 pages 3. Banker Meetings Minutes File --- 42 pages 4. Cash Voucher File --- 66 pages 5. Stock Statement 1999 30 pages 6. Un-Audited Results File 1999-2000 55 pages 7. Trial Balance File 1999 30 pages 8. Factory Invoice File 1998-1999 239 pages 9. Bank Statement File 1998-1999 43 pages 10. Factory Weekly Meeting File --- 60 pages 11. DTA Invoice File --- 107 pages 6/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2034 of 2025 12. CST Sale Invoice File 1993-1994 60 pages 13. Debit Note File 2001 32 pages 14. KVB Correspondence File 1999 45 pages 15. Agreement File --- 40 pages 16. Form No.20 File 2000 10 pages 17. Statistics File --- 70 pages 18. Invoice File 1998 157 pages 19. General Ledger File – Vijaya Bank --- 76 pages 20. Un-Audited Results File 1996-1997 70 pages 21. TDS not Deducted Register 1994-1995 203 pages 22. Committee Meeting Register 1994-1995 55 pages 23. Cash Day Book 1995 109 pages 24. Cash Book Register 1998-1999 57 pages 25. Cash Payment Voucher March-1999 53 pages 26. Cheque Payment Voucher 1998-1999 40 pages 27. Journal Voucher 2000 89 pages 28. Expenditure Invoice Book 1998-1999 60 pages 29. Statutory Register 1995-1996 43 pages 30. Bank Payment Voucher-IB 1998 50 pages 31. Cheque Voucher Book 1990 15 pages 32. Cash Voucher Book 1997 70 pages 33. PBS (Old Book Purchase Bill) 1994 48 pages 34. Cheque Payment Voucher 1997 107 pages 7/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2034 of 2025 35. Purchase Journal Book 1997 57 pages 36. Cheque Voucher Book 1990 47 pages 37. Cash Voucher Book 1997 59 pages 38. Bank Payment Voucher-UBI/MDU 2000 69 pages 39. General Ledger 1998-1999 200 pages 40. PS-Imports Book 1999 41 pages 41. Cash Voucher Book 1995 52 pages 42. Cash Payment Voucher 1998 47 pages 43. Cash Payment Voucher 1996 106 pages 44. Cash Payment Voucher 1998 57 pages 45. Cash Payment Voucher 1996 110 pages 46. Purchase Bill Book 1998 157 pages 47. Cash Voucher Book 2000 64 pages 48. Cheque Payment Voucher Vijaya Bank 1996-1997 76 pages 49. Cheque payment Voucher 1996 40 pages 50. Cash Payment Voucher 2000 82 pages 51. General Ledger 1996 to 2001 Voluminous 52. Bank Day Book 1998 Voluminous 11. In view of the above, the Official Liquidator is directed to produce the copy of available documents sought for by the Petitioner before the Trial Court within a period of two weeks from the date of receipt of a copy of this order. 8/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2034 of 2025 12. On receipt of the same, the Trial Court is directed to furnish those documents sought for by the Petitioner and forthwith proceed with the trial. 13. With the above directions, this Criminal Revision Case is disposed of. Connected Criminal Miscellaneous Petition is closed. 16.07.2026 (2/2) Neutral Citation: Yes / No arb To: 1.The XI Additional Special Judge for CBI Cases, Court of XI Additional Special Judge for CBI Cases, Chennai. 2.The Inspector of Police, State of Tamil Nadu, Central Bureau of Investigation (CBI), Bank Securities & Fraud Cell (BS &FC), Chennai. 3.The Public Prosecutor, High Court of Madras, Chennai-600 104. 9/10 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2034 of 2025 G.K.ILANTHIRAIYAN, J. arb Crl.R.C.No.2034 of 2025 and Crl.M.P.No.19156 of 2025 16.07.2026 (2/2) 10/10 https://www.mhc.tn.gov.in/judis