Ajai Lamba, J. - (1.) This petition has been filed under Section 482 Cr.P.C. for quashing complaint case bearing No.1049 of 2007 pending in the court of Judicial Magistrate-I, Lucknow titled 'Manoj Kumar Saxena Vs. Lifeline Biotech Ltd. and others' under Section 406 I.P.C. and order of summoning dated 3.5.2007 appended with the petition as Annexure No.1.
(2.) The petition has been filed by Shri Satish Agarwal who was serving as Managing Director, Lifeline Biotech Ltd. and Ms. Sweta Sud, Executive Director, Lifeline Biotech Ltd.
(3.) It has been inter-alia pleaded in the petition that M/s Lifeline Biotech Ltd. is a private Company involved in the business of pharmaceuticals. Respondent No.2 was appointed in the Company by one Shri R.K. Haksar to assist him in Lucknow office on the post of Area District Manager vide letter of appointment dated 24.1.2004 appended with the petition as Annexure No.3. The document Annexure No.3 was not complete therefore the petitioners have filed a complete copy of Annexure No.3 as Annexure No.SA-1 with supplementary affidavit. A perusal of Annexure No.SA-1 dated 24.1.2004 indicates that respondent no.2 was appointed as Area District Manager, initially on probation for six months, which could be extended. The letter of appointment further stipulates that services of respondent no.2 could be terminated without assigning any reason and without notice during the period of probation. The terms of appointment make it evident that respondent no.2 was appointed on consolidated salary of Rs.7,500/- per month and allowances etc. The letter also stipulates that the services shall be terminable on giving one month notice or payment of one month salary in lieu of notice period on either side. The service agreement binds the parties to the jurisdiction of court of Delhi in case a dispute arises out of the terms of the employment or connected with the employment.;