- (1.) This is a criminal revision petition filed by accusedpetitioner Ravindra Kumar against the order dated 29.1.2011 passed by the learned Special Judge, CBI Cases, Jodhpur in Special Criminal Case No.10/05 and by the impugned order, the court has framed the charge against three accused-persons, (1) Ravindra Kumar, S.N.Sethi and V.G. Sharma under Section 120-B IPC read with Sections 420, 467, 468 and 471 IPC and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. In the same case, by the same order, the lower court has also framed charge against fourth accused Sanjay Jauli under Section 120-B IPC read with Sections 420, 467, 468 and 471 IPC and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 read with Section 120-B IPC.
(2.) Out of the four accused-persons against whom the charge order was pronounced by the lower court, only one accusedpetitioner Ravindra Kumar has filed this revision petition and it has been argued by accused Ravindra Kumar that false case had been registered against him by the S.P.,C.B.I., Jodhpur in the year 2001 relating to the incident of the year 1998. It has been argued by the petitioner that under the "Draw Back Scheme", he had taken benefit of refund of Rs.1,22,17,405/- as customduty from the Government of India by showing export of readymade garments of Rs.7,21,74,376/-.
(3.) The learned Public Prosecutor has argued that inferior quality of ready-made garments were exported by the accused Ravindra Kumar and others and real price of those inferior goods was less than Rs.7,21,74,376/- but dishonestly and fraudulently and to get benefit of refund of Rs.1,22,17,405/-, the accused Ravindra Kumar had shown the exaggerated value of exported goods and thus he had committed an offence in conspiracy with other accused-persons who have been charged under different sections of the Indian Penal Code and Prevention of Corruption Act, 1988.;