AJEET JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal misc. petitions under Sec. 482 Cr.P.C. have been filed on behalf of the petitioners herein for quashing FIR No.139/2021 registered at Police Station Malviya Nagar, District Jaipur City (East), for offences punishable under Ss. 43, 66, 72 & 72A of the Information Technology Act, 2000 (hereinafter referred to as the IT Act, 2000) and Ss. 420 & 120B of the IPC and all subsequent proceedings arising out of it.

(2.) Brief facts of the case are that the complainant-respondent No.2 lodged a report at Police Station Malviya Nagar, District Jaipur City (East) which is being reproduced as under-:

(3.) Learned Counsel appearing for the petitioners contended that the dispute is essentially civil in nature and does not attract the ingredients of any criminal offence. It was submitted that the alleged dispute arose solely from the fact that the petitioners tendered their resignations and thereafter, commenced an independent business. The petitioners are presently dealing with their own clients and have no concern whatsoever with the clients of the complainants company. Moreover, the Counsel for the petitioners emphasized that a bare reading of the FIR itself would reveal that the allegations stem from a service-related dispute between an employer and his former employees. The only reason for lodging the present FIR is that the petitioners are now independently carrying on business in the same area, which has resulted in the complainant initiating the proceedings with malafide intent.