VARUN Vs. TOOLIKA PANDEY

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for quashing of the complaint, being CC No.1940/2020, titled Toolika Pandey v. Today Homes and Infrastructure Pvt. Ltd. & Ors., filed by the respondent herein inter alia against the petitioner, under Ss. 138, 141 and 142 of the Negotiable Instruments Act, 1881 (in short, 'NI Act').

(2.) At the outset, it is noticed that the respondent, in spite of service of notice, has not entered appearance. The respondent is, therefore, proceeded ex-parte.

(3.) The above complaint has been filed by the respondent alleging therein that he had booked flats in the project named 'Canary Greens' at Behrampur, Sector-73, District Gurugram, Haryana, a project launched by the accused no.1 company, that is, Today Homes and Infrastructure Pvt Ltd.. The respondent alleges that the accused nos.2 to 5 in the complaint case are the Directors as well as Authorized signatories and are engaged in the day-to-day routine business affairs of the accused No. 1 Company and thereby have been directly dealing with the respondent for receiving the payments in respect of booked flats and have been instrumental in allotment of flats to the respondent. The respondent alleges that the accused Nos. 2 to 5 are liable for all the acts and deeds, done for and on behalf of, the accused no.1 company, including all liabilities arising towards the respondent. The petitioner herein has been arrayed as the accused no.3 in the said complaint.