RAMANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners herein seek anticipatory bail in FIR No. 29 dated 20.10.2020 registered under Sections 406, 408, 379, 381, 120-B/34 of the Indian Penal Code and Sections 43, 66, 66-B of the I.T. Act, 2000 at Police Station Punjab State Cyber Crime, District Mohali.

(2.) Brief facts, as culled out from the FIR, are that M/s TCY Learning Solutions Private Limited is leader in the field of education technology and test preparation including classroom and online coaching. The company has been in the business for more than a decade and had developed its own software for imparting education. Petitioner No.1 had joined the Company in February, 2015 as Deputy Manager Marketing and subsequently resigned to set up another company along with Jagjit Singh (petitioner No.2) and one Rupinder Singh in the year 2018 and formed a Company in the name of M/s Exoways Web Technologies Pvt. Ltd. That there was leakage of its software. The complainant got to know from the market that a company under the brand name of 'Fourmodules.in/Fourmodules.com' was providing software with similar look and use as that of the complainant. Therefore, the complainant in order to check theft from the employees created a fake client data which had fake E-mail Ids. The said data was posted on the server of the company and its access was open to the employees of the Company. The complainant was stunned when it received a promotional mail from Fourmodules.in/Fourmodules.com on an email ID which was fake and intentionally added in the fake client data which was posted on server of the company. The said Email ID was not used at any other place. It was created to find about the leakage in the complainant's company. The said data/email ID was posted on the server of the company and its access was open only to select few and accused No. 1 (Rahul Nagpal) was one of them. That the complainant investigated and found out that the software used by accused no. 3 to 5 with others is based on the Source Codes of the complainant's software (as taken from FIR).

(3.) On coming to know that the web applications used by the accused were identical to the same of the files of the complainant' company, a report was obtained from M/s Webrosoft Solution Pvt. Ltd., which compared the files of the complainant with the Fourmodules.in/Fourmodules.com. As per report submitted, the material of Fourmodules.in/Fourmodules.com is similar to that of the complainant' company. On the complaint so received from the complainant'company, investigation was conducted and thus the above said FIR came to be registered.