BASKARAN Vs. STATE

JUDGEMENT

(1.) The above Revision Petition has been filed against the order of the learned Judicial Magistrate No.II, Coimbatore, dtd. 31/7/2018 rejecting the petition filed by the Petitioner / Accused to discharge him from the offence under Sec. 239 of Cr.P.C.

(2.) According to the prosecution, the Petitioner/Accused was working in the company by name Classic Cooling Towers, Ganapathy, Coimbatore. The petitioner left the company and started a new company by name and style of Classic Equipments. According to the prosecution, Petitioner/Accused No.1 with the help of accused No.2 was stealing the data from the company, in which he had originally worked and with the aid of the second accused, he used to get information from his erstwhile company and send quotations less than the complainant's rates for his newly started company namely Classic Equipments and thereby promoting the business of Classic Equipments. Therefore, the revision petitioner/Accused was charged under Ss. 120(B) , 408 of IPC read with 43, 65 and 66 of Information Technology Act .

(3.) The petitioner herein has moved the Trial Court to discharge him from the offence as according to him the charges are groundless accordingly and the materials do not make out or sufficient enough to establish prima facie case against him. According to him, no offence could be made out from the allegations and therefore, he ought to be discharged from the offence.