The complainant Mr. XYZ is one of the Director out of the 3 Directors of a firm. The complainant’s firm is in the business of computer software development.

Accused No- 1 (henceforth known as ABC) was one of the directors in the complainant’s company and as per the procedure of the Companies Act 1956, the complainant terminated the ABC from the post of director, as per the company’s resolution because of anti company activities carried out by the ABC.

There were the ex employees of the complainant’s company and they too left the job without giving the stipulated notice to the complainant on the instigation by the ABC, about the complainant, the accused no-2 to 8 are now working for ABC, on the same project which was already carried out and taken care of by the complainant (XYZ) and of which the complainant(XYZ) is the absolute owner, possessor and manufacturer of the said product i.e. computer software which is illegally used, stolen and is being used to generate revenue by the ABC. The name of the software manufactured, distributed, and marketed/sold is XYZ-S1 which is XYZ’s own invented software, and registered in the Trade Marks Act, 1999 and has been given the no. 111 dated _______. The said product is marketed under the brand name of XYZ-S1, which is a registered software company in the Trade Marks Act, 1999 and has been given the no. 111. The said trademark was registered on __________;

The said complainant’s company carries on the business of software development, supporting, software training, training centers, system analysis, and audit software package, programs data, word processing, software, hardware solutions, internet, electronic mail, telecommunication, marketing of software and solutions and impart training. Conducting seminars, workshops, computer education process, software development, software export and depute personnel to develop and design software in India and abroad and provide consultancy services about manufacturing technical, managerial and marketing services in computer education, electronic fields and to start technology parks in India or abroad. The said complainant’s company also markets and gives after sales support to the buyers of the software they market. The said complainant’s client gives the remuneration to the complainant’s company on services rendered by the complainant company. The said complainant’s company develops telecommunication software in the name of XYZ and markets it to call centers and telecommunication companies in India and abroad. The Said software was sold to an American company named “AMC” and complainant’s company is responsible in maintaining and supporting it for a monthly fee. The revenues to the complainant’s company came from selling the software in India and maintaining and supporting the software for the clients on a man-hour or annual maintenance contract.

The complainant submits that abc, who was the ex-director of the company was misusing his powers, by entering the premises during non working hours and without due permission, from the concerned authorities and accused no-2 to 8 were cooperating with ABC for his alleged illegal activities. As per the duties of the directors’ mention in the Memorandum and Articles of Association, all the directors have to work for the benefit of the company, but ABC would always work for himself and for his personal gain with the help of the other accused who were the employees of the complainant’s company. ABC would enter the office premises for personal work only, he has never worked in the company’s interest and accused no. 2 to 8 were always helping ABC with wrongful intention to gain personal benefit from ABC, that in April 2007, ABC transferred and copied important and confidential data from the company’s computer for his personal benefit, with the help of the other accused. The complainant submits that ABC has cheated the company with malafide intention and has committed fraud with the help of other accused to the company and ABC has breached the trust of the company and he has used the company’s confidential data and the software for personal gain, therefore he has committed criminal breach of trust, and committed theft u/s 378 IPC rw Sec. 43 a & b, 65 & 66 of the IT Act 2000 and accused no-2 to 8 u/s 34 of IPC are also fully participants to the said crime, therefore accused no-1 to 8 have committed theft, unlawful access, criminal breach of trust,  used the data to cater, give services and maintenance to the same existing clients of the complainant’s company.  Hence they should be punished accordingly.

The complainant submits that ABC have used the data whichever he had collected from the complainant’s office illegally for his private company and for the benefit of his own company by selling, providing services, with the help of complainant’s software and data. The complainant submits that the accused no-2 to 8 have left the complainant’s organization and joined ABC’s organization for their personal gain also they have breached the terms and conditions of Non-Disclosure Agreement.

The complainant submits that on the ________ accused no-3 on instructions of ABC, entered cabins of Mr. S and Mr Y who are senior people working in the complainant’s company, without obtaining due permission from the requisite persons and began taking copies of the private and confidential data about the complainant’s company the cabin’s computer. This activity was done before the complanant’s housekeeping staff i.e Mr. H

The complainant submits that ABC in the meantime along with the above named accused 2 to 8 formed a new company in a new name having address at  _______. The said company is carrying out the same business which the complainant’s company was carrying out. In fact ABC alongwith the remaining accused have even started catering to the same clients of the complainant using the private and confidential data whichever copied illegally from the complainant’s company by ABC & Accused No-3 for their personal benefit. The complainant submits that ABC has illegally taken/used the remuneration which was legally due to the parent Complainant’s company i.e XYZ. from one of the complainant’s former clients i.e. AMC. This contention has been supported by an Extract stating that they have paid the remuneration to one of the co-director of the company. That ABC is still today, misrepresenting as a Director of the complainant’s company even today to the existing client’s of the complainants with the help of bogus, forged documents. 

The said services are possible only if the source code of the complainant’s company have been stolen by the ABC, along with in connivance with the remaining accused are carrying out this nefarious activity and trying to dupe the complainant and his company. The complainant submits that they have been cheated of their livelihood and also of their due rights to cater to their existing clients.

The accused were finally booked by the Police and the case is been investigated by the Cyber Police.