ORDER

1. Leave granted.

2. This appeal is directed against the judgment and order passed by the High Court at Delhi in Criminal Revision Petition No.456 of 2011, dated 13.10.2011.

3. By the impugned judgment and order, the High Court has taken exception to the findings and conclusions reached by the learned Addl. Chief Metropolitan Magistrate in Complaint Case No. 4060 of 2011 and accordingly, has allowed the petition.

4. Shri L. Nageswara Rao, learned senior counsel appearing for the appellants would submit that the High Court, while passing the order in Revision Petition filed under Section 401 of the Criminal Procedure Code, 1973, had not afforded the opportunity of hearing to the appellants herein and submits that the same is opposed to the principles laid down by this Court in the case of Manharibhai Muljibhai Kakadia and Another vs. Shaileshbhai Mohanbhai Patel and Others, reported in (2012) 10 SCC 517. In the said decision, this Court has stated as under:

“48. In case where the complaint has been dismissed by the Magistrate under Section 203 of the Code either at the stage of Section 200 itself or on completion of inquiry by the Magistrate under Section 202 or on receipt