JUDGMENT 1. - In this case learned Civil Judge (Junior Division) and Judicial Magistrate, First Class No. 14, Jaipur City, Jaipur by order dated 15.10.2001 accepted the negative Final Report submitted by the Jhotwada police station in FIR No. 349/2000 under Section 453 IPC and dismissed the protest petition submitted by the respondent No. 2 Ratni Devi. The respondent No. 2 preferred a revision against the above order of learned Magistrate. By order dated 19.07.2002 Special Court (Counterfeit Currency Cases), Jaipur City, Jaipur allowed the revision (36/2002), set aside the order of learned Magistrate dated 15.10.2001 and ordered to take cognizance against the petitioner of the offence under Section 453 IPC. Aggrieved, the petitioner has filed this misc. petition. 2. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the respondent No. 2. 3. Learned counsel for the respondent No. 2 does not oppose this petition as according to him a compromise has been reached between the parties. 4. The impugned order had been passed without giving notice to the petitioner. A reasonable opportunity for the accused or other person to be heard is an essential condition precedent to the exercise of jurisdiction under Section 401 Cr.PC. Therefore, the order passed in contravention of sub-section (2) of Section 401 Cr.P.C. is null and void. 5. Secondly, even if learned Judge of the Special Court was of the opinion that the order of accepting the negative Final Report was not proper all that he was empowered to do was to send the case to the Chief Judicial Magistrate with a direction either to make a further inquiry himself or direct any of his subordinate Magistrates to make such inquiry into the matter. No power is vested in learned Judge of the Special Court to pass an order to take cognizance of the offence. 6. For the reasons stated above the petition deserves to be allowed. 7. Consequently, the petition is allowed and the impugned order dated 19.07.2002 passed by Special Court (Counterfeit Currency Cases), Jaipur City, Jaipur is hereby quashed.Record bent back to the court concerned.Petition Allowed. *******