STATE Vs. PRAANSU KNITS AND ORS.

JUDGEMENT

(1.) These criminal revision cases have been directed against the common order passed in Crl.M.P.Nos.32, 33 and 49 of 2008 in C.C.No.9 of 2007 by the II Additional District Judge/Special Judge for CBI cases, Coimbatore.

(2.) The case of the prosecution is that the first accused along with her husband, fifth accused and one Gopaldas Lulla have submitted false and fabricated Foreign Bills Export (FBE) bills 22 to 24/2003 for a total sum of Rs.81,41,185/-(Rupees Eighty One lakhs forty one thousand one hundred and eighty five only) in the name of A4 firm and discounted the same by Canara Bank and credited the amount in the account of A4 firm, which has been misutilised by the petitioner and her husband. Out of this amount, a sum of Rs.4,20,000/- (Rupees Four lakhs twenty thousand only) has been recovered and a balance of Rs.77,21,185/-(Rupees Seventy Seven thousand twenty one thousand one hundred eight five only) is still outstanding. Under the said circumstances, all the accused have committed offences punishable under Sections 120-B r/w 420, 468 r/w 471, IPC and also under Sections 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.

(3.) The respondent has conducted a detailed investigation and subsequently, filed a final report on the file of the Court-below and the same has been filed in Calendar Case No.9 of 2007. During the pendency of the same, the A4-firm has filed Crl.M.P.No.32 of 2008, A6 has filed Crl.M.P.No.33 of 2008 and A5 has filed Crl.M.P.No.49 of 2008 under Section 239, Cr.P.C., praying to discharge them.