ORDER Sanjay Kishan Kaul, J. - We have heard the learned counsels for the parties. 2. Leave granted. 3. The statement that the impugned order was passed without issuing notice to the appellant herein who was arrayed as second respondent in the petition filed under Section 482 Cr.P.C. before the High Court has not been controverted. We, therefore, proceed on the basis that the impugned order has been passed without hearing the appellant herein who was the complainant. 4. On the aforesaid ground alone and without going into the merits of the controversy we allow the present appeal; set aside the order of the High Court and request the High Court to consider the matter once again after hearing all the parties to the proceeding. We make it clear that we have expressed no opinion on merits. 5. The appeal is disposed of in the above terms.