SIDHARTH CHAUHAN Vs. ADITYA BIRLA REAL ESTATE FUND

JUDGEMENT

(1.) Rule, with the consent of the learned counsel appearing for the parties made returnable forthwith and heard.

(2.) The present writ petition is filed with the following substantive prayer:-

(3.) Brief facts leading for filing the present petition are as under:- It is the case of the petitioner that, the petitioner is an individual accused in complaint C.C. No. 8349/SS/2018 filed by Respondent No. 1 before the learned 33rd Metropolitan Magistrate, Ballardpier, Mumbai under the Negotiable Instruments Act. The Respondent No. 1 is the original complainant in C.C. No. 8349/SS/2018 pending before the learned Metropolitan Magistrate, Mumbai wherein the petitioner stands arraigned as accused. The complaint proceedings alleged commission of offence under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as "the said Act"). It is the case of the petitioner that, it is alleged in the complaint that in the year 2013, the petitioner alongwith Sidhartha Buildhome Private Limited as promoters of one CSN Estates Private Limited approached the complainant and represented to the complainant that the accused alongwith CSN were engaged in the business of real estate development and vide share subscription cum shareholders agreement dated 09.05.2012 executed between CSN, Tata Housing Development and Lemon Tree Land and Developer Private Limited ("SPV"), CSN and Tata Housing have entered into a joint Venture for development of a residential project on a parcel of land admeasuring approximately 24.695 acres, situated at Gurgaon.