RAKESH KUMAR Vs. STELLAR INFORMATION TECHNOLOGY PVT LTD

JUDGEMENT

(1.) The present petition is filed under section 397 read with section 401 and 482 of the code of criminal procedure, 1973 against the impugned order dated 24.01.2019 passed by ld. Metropolitan Magistrate-06, Saket Courts, New Delhi in complaint case no.2389/2018.

(2.) As stated in the present petition that Petitioners were previously employees of the Respondent No. 1 Company until they resigned from the company in 2015. The Petitioners then joined a new company "Techchef Consulting India Pvt. Ltd.". Petitioner No. 1 was forced to file civil suit for recovery of outstanding dues owed to him by the Respondent No. 1 Company, bearing CS No. 612372/2016, titled "Rakesh Kumar v. Stellar Information Technology Pvt. Ltd." as the Respondent No. 1 Company failed to disburse full and final settlement amounts owed to the Petitioner No. 1 despite of repeated requests. Another ex-employee of the Respondent No. 1 Company, Mr. Anish Kumar was also forced to file civil suit for recovery of outstanding dues against the Respondent No. 1 Company, bearing CS mentioned above.

(3.) It is further stated that Respondents responded to these suits by filing a frivolous civil suit, before this Court against the Petitioners and other ex- employees including Mr. Anish Kumar, bearing CS (COMM) No. 482/2016, titled "Stellar Information Technology Pvt. Ltd. v. Rakesh Kumar &Ors." which was filed merely as a counterblast to the legitimate suits filed by the Respondent No. 1/Company's ex-employees. Said suit was filed by Respondent No. 1 Company seeking permanent and mandatory injunction along with damages and compensation for breach of contract by Petitioners. This Court had framed issues in said suit and Issue No. 6 was framed regarding the genuineness of the disputed agreements, which is currently pending adjudication bearing CS (COMM) No. 482/2016, titled ''Stellar Information Technology Pvt. Ltd. v. Rakesh Kumar and Ors."