Despite a pass over, none has appeared for respondent no. 2. Accordingly, this Court has no other option but to proceed ahead with the matter.

2. It is pertinent to mention that a Division Bench of this Court in the case of Hindustan Domestic Oil and Natural Gas Co. (Bombay) Ltd. and Ors. Vs. State and Anr., Crl.M.C. 1737/2011 (reported in 2012 (4) JCC 2310) decided on 3rd August, 2012 has held that in revision notice under Section 401(2) Cr.P.C. is not mandatory to the respondent in case where revision has been filed challenging the order of dismissal on account of default and for non-prosecution. The relevant portion of Hindustan Domestic Oil and Natural Gas Co. (Bombay) Ltd. and Ors. (supra) is reproduced hereinbelow:—

21. The decision of Delhi High Court in J.K. International (supra) is clearly distinguishable. In the said case, the complaint was dismissed in default and for non-prosecution as the complainant was not present and the process fee had not been paid. In said circumstances, it was held that Section 401(2) would not be applicable and no notice was required to be issued. An order dismissing the complaint for non-prosecution or in default, which is made the su