Ashok Muthana v. The State Rep By, the Inspector of Police,

ORDER This Criminal Original Petition has been filed as against the order passed in Crl.R.C.No.144 of 2023 on the file of the I Additional Sessions Judge (TADA), City Civil Court, Chennai dated 25.06.2025 and thereby dismissed the criminal revision case and confirmed the order passed in Crl.M.P.No.39973 of 2022 in C.C.No.77 of 2007 on the file of the Additional Metropolitan Magistrate, Egmore, Chennai, thereby dismissed the Petition filed under Section 309 of the Code of Criminal Procedure, 1973 to defer the summoning of further witnesses.

¶2The Petitioners are accused in C.C.No.77 of 2007 and are facing charges for the offences punishable under Section 120B read with Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860. They received the copies of documents along with charge sheet in compliance of the provision under Section 207 of the Code of Criminal Procedure, 1973. However, the vital documents were neither considered by the 1st Respondent nor were seized during investigation. The Official Liquidator has sealed the premises of M/s.Fidelity Industries Limited on

14.06.2001 as ordered by this Court in C.P.Nos.526 and 139 of 2000 and took possession of all the documents of the Company.

¶3Therefore, the Petitioners are handicapped to defend themselves bereft of important documents. Therefore, while pending trial, the Petitioners filed Petitions in Crl.M.P.Nos.1317 and 1318 of 2012 to call for the documents listed in the Petition filed under Section 91 of the Code of Criminal Procedure, 1973, from the Official Liquidator who was in custody of the documents seized from the Company as well as the IDBI Bank, the defacto complainant.

¶4The Trial Court passed order under Section 91 of the Code of Criminal Procedure, 1973, summoning both the Official Liquidator and the IDBI Bank to produce all those documents sought for by the Petitioners. However, the Official Liquidator expressed its inability to produce most of the documents which were summoned by the Trial Court. Further, the IDBI, claims that all the documents in their possession were handed over to Stressed Assets Stabilization Fund

(SASF).

¶5Therefore, the Petitioners have filed another application in Crl.M.P.No.1149 of 2013, to summon the documents from SASF which was allowed by the Trial Court. Thereafter, on 20.11.2023, the Assistant General Manager of SASF has claimed that except one document they do not have other documents which were claimed by the Petitioners. Therefore, the Petitioners filed a Petition under Section 309 of the Code of Criminal Procedure, 1973 in Crl.M.P.No.39973 of 2022, to defer summoning of further witnesses till the issues raised in the Petitions were resolved.

¶6On perusal of the report submitted by the Official Liquidator, it is stated that the documents which were summoned to be produced are not available and those documents were handed over to SASF.

¶7Therefore, the Petition filed by the Petitioners was closed for the reason that the documents which are called for by the Petitioners are not in the custody of SASF.

¶8Thereafter, the prosecution had examined PW1 to PW30 out of 108 witnesses and Ex.P1 to Ex.P201. At the time of summoning other witnesses, the Petitioners filed the said Petition to defer summoning of further witnesses. Those Miscellaneous Petitions were filed in the year 2012-2013 and the issues were already settled before the Trial Court. Thereafter, after having been kept quite, till the examination of PW1 to PW30 out of 108 witnesses in the year 2002 i.e., after a period of nine years, the Petitioners have chosen to file a Petition to defer the summoning of further witnesses for want of documents which were called for by the Petitioners in the year 2012. The Petitioner sought for the following documents before the Trial Court:- "A. Statement of Affairs made by M/s.Fidelity Industries Limited as per Section 434 of the Companies Act, 1956. B. Report of the Official Liquidator pertaining to M/s.Fidelity Industries Limited as per Section 455 of the Companies Act, 1956. C. Books of M/s.Fidelity Industries Limited kept under Section 209 of the Companies Act, 1956. S.No. Document Name/Particulars Period Details of Document

¶1Cash Day Book July 99/Aug 99 Cash

Receipt

from Mrs.Wheeler

¶2Daily

Cash Register Aug 1999 ---

¶3Indian

Bank Correspondence file 1999-2000 The

Correspondence between FIL and Indian Bank

¶4Register of Charge 1999-2000 Entries for forms filed with Registrar of Companies for the Loans availed by FIL

¶5Registrar

of Companies file 1990-2001 Form Nos.8, 10

¶6Bank day book 1998-2001 Entries for transaction with Indian Bank

¶7Letter to Indian Bank

attaching additional collateral security from

Mr.Ashok Muthana 1999-2000 Details of properties offered as collateral to Indian Bank to regularize the overdraft

¶8File

containing Property documents sainik forms 1999-2000 Details of Properties offered as collateral to Indian Bank to regularize the overdraft

¶9General

Ledger Indian

Bank Packing

Credit Account 1996-2001 Details of Credits allowed by Indian Bank

¶10General

Ledger Indian

Bank F8P/F8N 1996-2001 Details of foreign bills purchased by Indian Bank

¶11General

Ledger Indian

Bank overdraft 1999-2001 Details of overdraft allowed and accounted in the books of the company

¶12Indian Bank Loan Application File 1999-2000 Details of request for additional limit to be sanctioned by IB

¶13Indian

Bank Account Statement 1996-2001 Details of debit and credit into IB

¶14Indian Bank advise File 1996-2001 Details of debit allowed by IB

¶15Statement

of collection proceeds from sale of Sainik Form New Delhi collateral Security offered

by Mr.Ashok Muthana as required by Indian Bank to cover

file additional duty 2000 to till date Details of stabilization of funds from sale of property at New Delhi which was offered as collateral security to Indian Bank

¶9However, the following documents alone were stated to be available with the office of the Official Liquidator. The said documents are as follows:- S.No. Details of Documents

¶1Statement of Affairs made by M/s.Fidelity Industries Limited as per Section 454 of the Companies Act, 1956

¶2Report of the Official Liquidator pertaining to M/s.Fidelity Industries Limited (In Liqn) as per Section 455 of the Companies Act, 1956

¶3Form No.18 dated 16.09.1998

¶4Balance Sheet as on 30.09.2000

¶5Form No.32

¶6Form No.8 and Particulars of charge created by S.B.I

¶7Form No.8 and Particulars of charge created by Apple Finance Credit Corporation Limited

¶8Form No.8 and Particulars of charge created by Apple Credit Corporation Limited

¶9Form No.8 and Particulars of charge created by LIC Housing Finance Limited

¶10Form No.8 and Particulars of charge created by United Western Bank Limited

¶11Form No.8 and Particulars of charge created by Infrastructure Leasing and Financial Services Limited

¶12Form No.8 and Particulars of charge created by Times Bank Limited

¶13Form No.8 and Particulars of charge created by Punjab and Sind Bank Limited

¶14Form No.8 by Indian Bank

¶15Form No.8 by Industrial Investment Bank of India

¶16Form No.8 by Allahabad Bank

¶17Form No.8 by UTI Bank

¶10Apart 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)

¶1Punjab & Sind Bank Statement and Advice File (Correspondence File) 1996 to 2001 Voluminous

¶2Share

Holder Correspondence File --- 18 pages

¶3Banker

Meetings Minutes File --- 42 pages

¶4Cash Voucher File --- 66 pages

¶5Stock Statement 1999 30 pages

¶6Un-Audited Results File 1999-2000 55 pages

¶7Trial Balance File 1999 30 pages

¶8Factory Invoice File 1998-1999 239 pages

¶9Bank Statement File 1998-1999 43 pages

¶10Factory

Weekly Meeting File --- 60 pages

¶11DTA Invoice File --- 107 pages

¶12CST Sale Invoice File 1993-1994 60 pages

¶13Debit Note File 2001 32 pages

¶14KVB Correspondence File 1999 45 pages

¶15Agreement File --- 40 pages

¶16Form No.20 File 2000 10 pages

¶17Statistics File --- 70 pages

¶18Invoice File 1998 157 pages

¶19General Ledger File – Vijaya Bank --- 76 pages

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

¶21TDS not Deducted Register 1994-1995 203 pages

¶22Committee

Meeting 1994-1995 55 pages Register

¶23Cash Day Book 1995 109 pages

¶24Cash Book Register 1998-1999 57 pages

¶25Cash Payment Voucher March-1999 53 pages

¶26Cheque

Payment Voucher 1998-1999 40 pages

¶27Journal Voucher 2000 89 pages

¶28Expenditure

Invoice Book 1998-1999 60 pages

¶29Statutory Register 1995-1996 43 pages

¶30Bank

Payment Voucher-IB 1998 50 pages

¶31Cheque Voucher Book 1990 15 pages

¶32Cash Voucher Book 1997 70 pages

33. PBS

(Old

Book Purchase Bill) 1994 48 pages

¶34Cheque

Payment Voucher 1997 107 pages

¶35Purchase Journal Book 1997 57 pages

¶36Cheque Voucher Book 1990 47 pages

¶37Cash Voucher Book 1997 59 pages

¶38Bank

Payment Voucher-UBI/MDU 2000 69 pages

¶39General Ledger 1998-1999 200 pages

¶40PS-Imports Book 1999 41 pages

¶41Cash Voucher Book 1995 52 pages

¶42Cash Payment Voucher 1998 47 pages

¶43Cash Payment Voucher 1996 106 pages

¶44Cash Payment Voucher 1998 57 pages

¶45Cash Payment Voucher 1996 110 pages

¶46Purchase Bill Book 1998 157 pages

¶47Cash Voucher Book 2000 64 pages

¶48Cheque

Payment Voucher Vijaya Bank 1996-1997 76 pages

¶49Cheque

payment Voucher 1996 40 pages

¶50Cash Payment Voucher 2000 82 pages

¶51General Ledger 1996 to 2001 Voluminous

¶52Bank Day Book 1998 Voluminous

¶11In view of the above, the 2nd Respondent is directed to produce the copy of available documents sought for by the Petitioners before the Trial Court within a period of two weeks from the date of receipt of a copy of this order.

¶12On receipt of the same, the Trial Court is directed to furnish those documents sought for by the Petitioners and forthwith proceed with the trial.

¶13With the above directions, this Criminal Original Petition is disposed of. Connected Criminal Miscellaneous Petition is closed.

16.07.2026 (1/2) arb To:

1.The Additional Chief Metropolitan Magistrate, Court of Additional Chief Metropolitan Magistrate, Egmore, Chennai-600 008.

2.The I Additional Sessions Judge (TADA), City Civil Court, Chennai-600 104.

3.The Inspector of Police, State of Karnataka, Central Bureau of Investigation (CBI), Bank Securities & Fraud Cell (BS &FC), Bangalore-560 032.

4.The Official Liquidator, High Court of Madras, Chennai-600 104.

5.The Public Prosecutor, High Court of Madras, Chennai-600 104.

G.K.ILANTHIRAIYAN, J. arb and Crl.M.P.No.20096 of 2025

16.07.2026 (1/2)

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 and Crl.M.P.No.20096 of 2025 1.Ashok Muthana, S/o.Late M.S.Muthana 2.Ramkumar, S/o.N.Kaliyamurthy … Petitioners Vs. 1.The State Represented by The Inspector of Police, Central Bureau of Investigation (CBI), Bank Securities & Fraud Cell (BS &FC), Bangalore-560 032. 2.The Official Liquidator, High Court of Madras, Chennai-600 104. … Respondents Prayer: Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to allow the postponement of trial in CC No.77 of 2007 on the file of the learned Additional Chief Metropolitan Magistrate at Egmore, Chennai until the documents summoned under Section 91 are produced and defer the summoning of further witnesses, adjourn the hearing till the issues are raised are resolved and set aside the order passed in Crl.R.C.No.144 of 2023 by the I Additional Sessions Judge (TADA), City Civil Court, Chennai. For Petitioners : Mr.C.Manishankar Senior Counsel for Mrs.L.Maithili For Respondents : For R1 : Mr.B.Mohan Special Public Prosecutor (CBI) For R2 : Mr.V.Chandrasekaran Senior Panel Counsel