K.Ramkumar vs State Represented By on 16 July, 2026

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    Madras High Court

    K.Ramkumar vs State Represented By on 16 July, 2026

    Author: G.K.Ilanthiraiyan

    Bench: G.K.Ilanthiraiyan

                                                                                 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.
    
    
    
    
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                                                                                        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

    SPONSORED

    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

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    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.

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    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

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    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

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    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 1996 to 2001 Voluminous
    Statement and Advice
    File (Correspondence
    File)

    2. Share Holder — 18 pages
    Correspondence File

    3. Banker Meetings — 42 pages
    Minutes File

    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 — 60 pages
    Meeting File

    11. DTA Invoice File — 107 pages

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    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 1999 45 pages
    File

    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 – — 76 pages
    Vijaya Bank

    20. Un-Audited Results File 1996-1997 70 pages

    21. TDS not Deducted 1994-1995 203 pages
    Register

    22. Committee Meeting 1994-1995 55 pages
    Register

    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 1998-1999 40 pages
    Voucher

    27. Journal Voucher 2000 89 pages

    28. Expenditure Invoice 1998-1999 60 pages
    Book

    29. Statutory Register 1995-1996 43 pages

    30. Bank Payment 1998 50 pages
    Voucher-IB

    31. Cheque Voucher Book 1990 15 pages

    32. Cash Voucher Book 1997 70 pages

    33. PBS (Old Book 1994 48 pages
    Purchase Bill)

    34. Cheque Payment 1997 107 pages
    Voucher

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    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 2000 69 pages
    Voucher-UBI/MDU

    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 1996-1997 76 pages
    Voucher Vijaya Bank

    49. Cheque payment 1996 40 pages
    Voucher

    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.

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    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.

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    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)

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