S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) WHETHER the High Court in exercise of its jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure (for short "the Code") can pass an order in absence of the accused persons in the facts and circumstances of this case is the question involved in this appeal which arises out of a judgment and order dated 25. 02. 2008 passed by the High court of Delhi at New Delhi in Criminal Revision Petition No. 116 of 2008.

( 3 ) BEFORE adverting to the said question, we may notice the admitted fact of the matter.

( 4 ) RESPONDENT No. 1 is a company registered and incorporated under the companies Act, 1956. It filed a complaint petition in the Court of additional Chief Metropolitan Magistrate, New Delhi at Patiala House courts under Section 200 of the Code in respect of an offence purported to have been committed and punishable under Sections 323, 382, 420, 465, 468, 471, 120-B, 506 and 34 of the Indian Penal Code accompanied by an application under Section 156 (3) of the Code.

( 5 ) IT is not necessary for us to deal with the allegations made in the said complaint petition in details. Suffice it to say that by reason of an order dated 7.