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Madras High CourtCRL RC/1595/2025dismissed

Ganesan Natarajan v. The State Represent By Its

2026-06-24Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN AND CRL MP No. 16427 of 2025 Ganesan Natarajan No.28, Brindavan Avenue, West Tambaram, Tambaram, Kancheepuram - 600 045.

..Petitioner(s) Vs The State Represent by its Deputy Superintendent of Police, Central Bureau of Investigation, Chennai.

..Respondent(s) PRAYER : Criminal Revision Case filed under Section 438 r/w. 442 of BNSS, 2023 to call for record and proceedings in CRL MP.No.1588 of 2025 in CC No.2583 of 2024 and set aside the order dated 23.06.2025 passed by the learned Additional Chief Metropolitan Magistrate, Egmore and acquit the appellant of all charges, including under Section 120B read with Section 420, 467, 468, 471 of Indian Penal Code.

For Petitioner(s):

Mr.K.P.Sanjeev Kumar For Respondent(s):

Mr.K.Srinivasan Special Public Prosecutor For CBI Cases

ORDER

This Criminal Revision Case has been filed challenging the order dated 23.06.2025 passed in CRL MP.No.1588 of 2025 in CC No.2583 of 2024 on the file of the learned Additional Chief Metropolitan Magistrate, Egmore and acquit the appellant of all charges, including under Section 120B read with Sections 420, 467, 468, 471 of Indian Penal Code, thereby dismissed the petition filed to discharge the petitioner for all the charges. Totally there are eleven accused, the petitioner is arrayed as A-11

2. The case of the prosecution is that the accused had entered into criminal conspiracy during the period 2012 - 2014 and in pursuance of the said conspiracy, the said accused had submitted fake, forged and fabricated documents to the Letter of Credits list on the bank, namely, UCO Bank regarding supply of materials to one of the accused. Hence conspired with another accused persons for the offence punishable of conspiracy, cheating and forgery.

3. The petitioner is arrayed as A-11. The specific charge as against the petitioner as follows :

13. Investigation has revealed that on the basis of LC request of M/s,Trishe Renewable Energy Solutions Pvt. Ltd. (A-1), an LC No.30751LCIS130012 was opened by the then Vijaya Bank on 09.02.2013 for Rs.198,72,476 with usance period of 90 days, in favour of supplier M/s Topaz Impex Inc. for supply of Wind Mill material i.e., 379 (MT) of Steel Round & 59 (MT) of MS Round to be delivered at Moolanur Village, site of M/s. Troshe Renewable Energy Solutions Pvt. Ltd. The LC Bill as submitted by M/s. Topaz Impex Inc was discounted by UCO Bank in favour of M/s. Topaz Impex Inc and made a payment of Rs.1,93,81,276.43 to m/s. Topaz Impex Inc in is A/c No.262073000002808 in South Indian Bank, Brabourne Branch, Kolkata vie transaction dated 14.02.2013.

14. Investigation has revealed that the above mentioned LC No.3075iLCIS130012 as opened by the then Vijaya Bank on the request of the accused company M/s.Trishe Renewable Energy Solutions Pvt. Ltd., (now Infinitas), is ficitious and accommodating in nature. There is no underlying genuine business transaction between the accused company and LC beneficiary M/s.Topaz Impex Inc. during investigation, it is revealed that the M/s.Topaz Impex Inc had submitted false / fake and fabricated Consignment Notes / Lorry Receipts to the beneficiary bank for discounting of Bill in respect of the above mentioned LC as the purported transporter M/s.Sea Wings Express denied to have had issued any such LT. It is also revealed that vide a transaction dated 14.02.2013, an amount of Rs.2,91,29,242 including the LC funds of Rs.1,98,72,476/- pertaining to LC no.3075ILCIS130012 were transferred by M/s. Topaz Impex Inc from

its A/c no.262073000002808 in South Indian Bank wherein the LC funds were received by it, into M/s. Trishe Renewable Energy Solutions Pvt. Ltd in its Current A/c No.911020039086171 in Axis Bank, Mylapore Branch."

4. The learned counsel for the petitioner submits that even according to the case of the prosecution, the Letter of Credit was not devolved in favour of A-11. Whatever the amount received through the Letter of Credit, it was returned by the petitioner along with advance amount paid by the first accused. In support of his contention, he also relied upon the bank statements. Further, the alleged fabricated documents, which were produced by the petitioner's father and not by the petitioner. Therefore, no charge is made out as against the petitioner.

5. On perusal of the records it is found that there are specific charges as against the petitioner as recorded supra in para 13 & 14 of the supplementary charge sheet. Further, the documents which are relied upon by the petitioner can be considered only before the trial court by let in evidence. Those documents cannot be tested before this Court and also in the discharge petition. These defence can be raised before the trial court by letting in evidence. Hence, the trial court rightly dismissed the discharge petition and this Court finds no infirmity or illegality in the order passed by the Trial Court.

6. Accordingly, this Criminal Revision Case is dismissed. The trial Court viz., Additional Chief Metropolitan Magistrate, Egmore is directed to complete the trial within a period of twelve months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is also dismissed. 24-06-2026 (1/2) Index: Yes/No Speaking/Non-speaking order MTL

G.K.ILANTHIRAIYAN J.

MTL To

1. The State Represent by its Deputy Superintendent of Police, Central Bureau of Investigation, Chennai.

2. The Public Prosecutor, High Court, Madras. AND CRL MP No. 16427 of 2025 24-06-2026