Mr. Surya Kant, J.:- The following reference made by a learned Single Judge on August 09, 2012 has led to placement of this Criminal Appeal alongwith two Criminal Revisions (Criminal Revision Nos.1245 and 1412 of 2012) and two Criminal Misc. Petitions (Crl.Misc.M Nos.5582 of 2009 and 24351 of 2012) before us:-

“Keeping in view the judgments on both the sides to the effect that the civil proceedings as well as criminal proceedings can be initiated in a case, it would be proper to refer to this case to the Division Bench…..”

2. To appreciate the controversy in its correct perspective, brief reference to the facts may be made from Criminal Appeal No.28-DBA of 1991 which has been preferred by the State of Punjab against the order dated 18.1.1990, passed by the Judicial Magistrate, First Class, Samana, acquitting the respondents in a case under Section 406 IPC which had arisen out of FIR No.159 dated 26.9.1984 registered at Police Station Ghagga, District Patiala.

3. The afore-stated FIR was registered on the basis of a written complaint made by the District Manager, Punjab State Civil Supplies Corporation Limited, Patiala (in short, the PUNSUP), inter-alia, alleging that PUNSU