ORDER

1. Shri P. Shankar, Respondent 2 herein, (hereinafter referred to as "the complainant") filed a complaint in the Court of the Metropolitan Magistrate, New Delhi, alleging commission of offences under Sections 420, 336 and 338 of the Indian Penal Code by the three appellants and one Dr S.C. Madan. The allegation made in the complaint is that the complainants brother was to undergo a minor operation and for that purpose, he (the complainant) was looking for a good nursing home with adequate surgical facilities. He came across an advertisement of Appellant 1, of which Appellant 2 is a Director, wherein it was mentioned that it had all modern facilities and that all its rooms were air-conditioned. He, therefore, approached Appellant 2, who also confirmed that besides other facilities, air-conditioned rooms were available. Impressed by his statements, the complainant got his brother admitted for the necessary operation, but found, to his utter surprise, that the room that was provided to him was not air-conditioned, even though he was charged for such a room. The other allegations in the complaint are that Dr Madan did not perform the operation properly and that adequate post-oper