(1.) Petitioners are charge-sheeted for the offences punishable under Sections 406 and 408 read with Section 34 of IPC. Petitioners have sought to quash the charge- sheet and the proceedings initiated against them in C.C.No.24121/2015 on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru.
(2.) Heard learned counsel for petitioners, learned counsel for respondent No.2 and learned Additional State Public Prosecutor for respondent No.1. Perused the records.
(3.) Facts reflected in the charge-sheet disclose that petitioners herein were employed by Cert Infotrack Telematics Private Limited (respondent No.2) as Marketing Directors. According to the prosecution, accused No.1 resigned from the Company on 10.9.2013 as Director - Solutions and accused No.2 resigned on 25.9.2013 as Director - Sales and Marketing. The accusations against petitioners are that during their term of employment under respondent No.2, they floated a Company by name, M/s. Sun Telematics Private Limited, contrary to the terms of employment and thereby committed the above offences.