VISHNU CHANDRA GUPTA, J. - (1.) BOTH the aforesaid petitions, under Section 482 of Code of Criminal Procedure (in short 'Cr.P.C.') have been filed by the petitioners with a prayer to quash the order dated 17.07.2008 passed by learned Civil Judge -II (Junior Division), Lucknow in Criminal Complaint Case No.2479 of 2007 (Saurabh Misra Vs. Ajay Piramal and others) summoning the petitioners under Sections 403, 406, 417 IPC and also to quash the proceedings of aforesaid Complaint Case No.2479 of 2007 pending in the court of learned Additional Chief Judicial Magistrate (IV), Lucknow.
(2.) AS both the petitions are arising out of the same order in same complaint case and almost similar questions of law and facts are involved. Hence, the aforesaid petitions are being deciding by this common judgment.
(3.) BRIEF facts for deciding the aforesaid petitions are that opposite party no.3 - Saurabh Misra, now is a practising Advocate, was earlier working in M/s Nicholas Piramal India Limited (hereinafter referred to as the 'Company'). According to the complaint, Saurabh Misra was working as permanent employee in the Company since May, 1994 as Technical Representative and was looking after the sales/product promotion of the Company at Raebareli Headquarter under the control of regional office at Lucknow. The opposite party no.3 filed a detailed complaint against the petitioners, namely, Ajay Piramal Chairman, Mercy Benevides AGM -HR, Yogesh Bakshi National Sales Manager, S.K. Kapila Regional Business Manager, P.K. Tikoo Vice Present -Sales and Marketing, Arvind Bhagwat National Sales Manager, Ashok Grover General Manager -Sales HR and Vachaspati Chaturvedi Area Business Manager, claiming certain amount which ought to have been paid by the company to the petitioners in pursuance of their employment in the Company. It would not be necessary to give detailed facts of the complaint before deciding this petition. It would be sufficient to state that the opposite party no.3 claimed certain amount due against the company towards expenditure incurred by him on the assurance given by the Company at the time of preforming his duties. When the aforesaid amount has not been paid, the present complaint has been filed by the opposite party no.3 with the allegations that he was cheated and a huge amount was misappropriated by the Company along with other allegations. All the payments claimed by the opposite party no.3 were during the continuance of his employment. After examining the complainant himself under Section 200, Cr.P.C. and the documents filed in support of his claim under Section 202, Cr.P.C., the petitioners have been summoned under Sections 403, 406, 417 IPC vide order dated 17.07.2008 to face trial.;