Sir,

I was working for a Pvt Ltd company as a sales manager. I resigned from my post last year nov. and joined another company of the same trade. Mhy previous employer has filed a criminal case against me under section 420/408 of IPC and 43 of IT Act. They claimed that i had stolen company's confidential data and served to my present employer. I had an agreement with my previous supplier which was signed on 03.10.2008 but there was no validity of agreement mentioned. it was an open ended and there was a clause of non compete that I could not join a competition till the two years after termination of agreement while there was no compensation mentioned that till the time what will I do. Their company secretary has filed a case on behalf of company but without board resolution. And on they very next date they changed the complainant while their CS is still working with them.

1. Can they file a criminal suite against me (I have heard that employer employee disputes are civil in nature).

2. Can they change a complainant in the criminal case?

3. They have filed another civil case on the same ground. Can they do the same as already they have filed a criminal case?

Please advise

Ravindra Singh

It appears  that your previous employeer has filed a criminal case as well as civil suit for damages, which they can as per law. Now you can approach the high court for quashing the proceeedings stating that the contact of not working any where for at two years after leaving the company is totally  illegal because when one leaves the company the the company is not going to give any subsistance allowance for two years so a person is having his right to early his livelihood so far it does not infringes the established law of the country. and as such the contract is  totally unethical and uncalled for.

Thanks alot sir. Please advise me on other points as well

2. Can they change a complainant in the criminal case?

Ravindra