NARESH MALHOTRA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These Criminal Original Petitions have been filed with a common prayer to quash the proceedings in Crime No. 86 of 2019 against the petitioners/accused for the offences under Sections 408 and 420 IPC and Sections 43, 65 and 66 of the Information Technology Act, 2000.

(2.) The entire case is mainly on the theft of source-code of the software said to have been developed by the de facto complainant/2nd respondent. Two suits have been originally filed by the de facto complainant before this Court in C.S.(Comm. Div.) Nos. 192 of 2019 and 580 of 2018 for permanent injunction restraining the accused from using the source-code of the software developed by the de facto complainant. Meanwhile, a criminal case in Crime No. 86 of 2019 was registered against the accused for the offences under Sections 408 and 420 IPC and Sections 43, 65 and 66 of the Information Technology Act, 2000.

(3.) Five of the accused have moved a petition for Anticipatory Bail before this Court in Crl. O.P. No. 17630 of 2019 and this Court, vide order dated 12.07.2019, has granted Anticipatory Bail to them on condition that they deposit a sum of Rs. 1 Crore to the credit of Crime No. 86 of 2019. It is submitted that the accused have deposited the said amount before the Judicial Magistrate Court, Alandur, on 05.09.2019.