Authority: High Court of Judicature at Madras
Order Date: 16.07.2026
Case Overview
- Petitioners: Ashok Muthana (S/o Late M.S. Muthana) and Ramkumar (S/o N. Kaliyamurthy) filed a Criminal Original Petition (Crl.O.P.No.29515 of 2025) under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking postponement of trial in CC No.77 of 2007 before the Additional Chief Metropolitan Magistrate, Egmore, Chennai.
- Respondents: The State represented by the Inspector of Police, CBI – Bank Securities & Fraud Cell, Bangalore, and the Official Liquidator, High Court of Madras, Chennai.
- The petition sought deferment of further witness summoning until documents summoned under Section 91 of the CrPC were produced, and to set aside the order passed in Crl.R.C.No.144 of 2023 by the I Additional Sessions Judge (TADA), City Civil Court, Chennai.
- Petitioners are accused under IPC Section 120B read with Sections 420, 467, 468 and 471. They received charge‑sheet copies under Section 207 CrPC but claim vital documents seized from Fidelity Industries Ltd were neither considered by the CBI nor produced by the Official Liquidator.
- The Official Liquidator had sealed Fidelity Industries Ltd premises on 14.06.2001 (C.P.Nos.526 and 139 of 2000) and took possession of all company documents.
- Petitioners previously filed Crl.M.P.Nos.1317 & 1318 of 2012 to call for documents listed in a Section 91 petition from the Official Liquidator and IDBI Bank (the de‑facto complainant).
- The Trial Court summoned the Official Liquidator and IDBI Bank under Section 91; the Liquidator could not produce most documents, and IDBI claimed all its documents were handed to the Stressed Assets Stabilization Fund (SASF).
- Subsequent petition Crl.M.P.No.1149 of 2013 sought documents from SASF, which was allowed. On 20.11.2023, SASF’s Assistant General Manager stated only one document was in its possession.
- The petition was closed because the required documents were not in SASF’s custody.
- The prosecution examined PW1‑PW30 out of 108 witnesses and Ex.P1‑Ex.P201. After a nine‑year gap, petitioners again sought deferment of further witnesses, citing the unresolved document issue.
- Documents sought included:
- Statement of Affairs (Section 434 Companies Act, 1956)
- Official Liquidator’s report (Section 455 Companies Act, 1956)
- Books under Section 209 Companies Act, 1956
- Various cash books, bank registers, ledgers, correspondence files, charge registers, and property documents of Fidelity Industries covering periods 1994‑2001.
- Documents actually available with the Official Liquidator:
1. Statement of Affairs (Section 454 Companies Act, 1956)
2. Official Liquidator’s report (Section 455 Companies Act, 1956)
3. Form No.18 dated 16.09.1998
4. Balance Sheet as on 30.09.2000
5. Multiple Form No.8 charge particulars from SBI, Apple Finance Credit Corp., LIC Housing Finance, United Western Bank, Infrastructure Leasing & Financial Services, Times Bank, Punjab & Sind Bank, Indian Bank, Industrial Investment Bank of India, Allahabad Bank, UTI Bank.
- Additional records found in the Official Liquidator’s godown include cash day books, cash registers, vouchers, journal vouchers, statutory registers, bank payment vouchers, purchase journals, and general ledgers spanning 1990‑2001, with page counts ranging from 15 to over 200 pages.
Final Outcome
- The Criminal Original Petition is dismissed; the order dated 25.06.2025 (Crl.R.C.No.144 of 2023) is upheld and the earlier order Crl.M.P.No.39973 of 2022 is confirmed.
- The Official Liquidator is directed to produce all available documents sought by the petitioners within two weeks of receipt of this order.
- Upon production, the Trial Court is instructed to furnish the documents to the petitioners and to proceed forthwith with the trial.
- The connected Criminal Miscellaneous Petition is closed.
Topics: Document Production, Criminal Procedure