- (1.) The epitome of the facts and material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record, is that, the Punjab Ware Housing Corporation respondent No.2 (for brevity "the respondent-Corporation") had supplied 22081+3721 bags of paddy, weighing 7728.35 quintals to M/s Bhan Brothers of petitioners-accused for milling & shelling it into rice. The complainant claimed that the accused had only milled 15092 bags, weighing 5282.20 quintals, instead of 22081+3721 bags weighing 7728.35 quintals of paddy and misappropriated the remaining rice. In this manner, the petitioners-accused were stated to have cheated, caused huge loss and misappropriated an amount of Rs. 17,63,236/- of the respondent- Corporation. In the background of these allegations and in the wake of complaint filed by the District Manager of the respondent-Corporation, a criminal case was registered against the petitioners-accused, vide FIR No.75 dated 4.3.2009 (Annexure P-1), on accusation of having committed the offences punishable under Sections 420 and 406 IPC, by the police of Police Station Samana, District Patiala in the manner depicted here-in-above.
(2.) After the completion of investigation, the police submitted the final police report (challan) (Annexure P2). The petitioners-accused were accordingly charge sheeted to face the trial for the indicated offences, by virtue of impugned charge sheet dated 15.2.2011 (Annexure P3) and the case was slated for evidence of prosecution.
(3.) During the pendency of the criminal case, good sense prevailed and the petitioners-accused have settled their accounts with the respondent-Corporation & paid the entire impugned amount alongwith interest. The receipt of payment of the amount in question is acknowledged by the respondent-Corporation, by means of letters (Annexures P5 & P6).;