Anjana Prakash, J. – The Petitioners seek quashing of the entire proceeding including the order of cognizance dated 17.03.2005 passed by the Sub-Divisional Judicial Magistrate, Sasaram in Complaint Case No. 35(C) of 2005. 2. The case of the Complainant is that the accused were required to remit charges to the statutory fund in CPFC and managed by the SBI in respect of the said establishment within fifteen days of the close of every month. However, they did not do so for the period between April, 2003 to June, 2003. 3. It has been submitted on behalf of the Petitioners that fact of the matter was that the Company was in dire financial distress on account of which the management was at quandary as to how they would proceed. It was for this reason that the charges were not remitted. As it happens now all its dues, as a settlement of the Company, till September, 2004 has deposited a sum of Rs. 45.78 Lacs. The categorical submission is that the Company has fulfilled all its financial obligations with regard to the four complaints filed on the same date under different heads. 4. On the other hand, Counsel for the Complainant submits that since the Company had not remitted the inspection charges for three months they should be prosecuted against in accordance with law. It is statutory and continuing offence and the deposit of the Company after the institution of Complaints did not discharge them of the liability of the present prosecution. Moreover, under Section 22 Sick Industry Special Provisions Act, 1985 (SICA) the prosecution is not barred in such circumstances. 5. However, taking a liberal view of the matter that the loss has been made good by the Company and full penal dues has been paid the application is allowed and the entire proceeding including the order of cognizance dated 17.03.2005 passed by the Sub-Divisional Judicial Magistrate, Sasaram in Complaint Case No. 35(C) of 2005 is, hereby, quashed.