- (1.) Tersely, the facts & material, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that, initially, in the wake of complaint of complainant Punjab State Ware Housing Corporation -respondent No.1 (for brevity "the complainant"), a criminal case was registered against the petitioner-accused, by way of FIR No.53 dated 5.2.2001, for cheating and misappropriating of 4667 bags, weighing 3033.55 quintals of paddy, causing a huge loss to the complainant of Rs. 24,61,765/- and punishable under section 406 IPC by the police of Police Station Dhuri, District Sangrur.
(2.) After the completion of investigation, the police submitted the final police report (challan) against the petitioner-accused. Consequently, he was charge sheeted on accusation of having committed the pointed offence and the case was slated for evidence of the prosecution by the trial Court.
(3.) During the pendency of the case, the prosecution moved an application under section 311 Cr.PC (Annexure P5) for permission to examine PW Pawan Kumar, Manager of the complainant along with Ahlmad and original arbitration record etc. The application was accepted by the trial Magistrate, vide impugned order dated 8.8.2012 (Annexure P7).;