criminal case against ex employee


Dear Sir,


My friend was working in the company where he was using company's laptop. During his tenure, many times he used to send emails from his official mail id to his personal mail id because of non working of server or printers of the office. This was his routine job. He had a service agreement with the said company which was not registered with any competent authority and also expired before three months he left the company. There is a condition in this agreement that an employee will not work with any competitor for three years after termination of this agreement without any compensatory clause. In this agreement company had mentioned wrong address of their registered office (different with the address filed with registrar of companies). After nine months of leaving the company, his previous employer filed a criminal case under section 420, 408, of IPC and 66, 72 of IT act claiming that he had copied the data and sold to his competitor. They presented the same mails as an evidence. The case has filed because he is asking his balance amount and giving consutanse to the competitor of previous company. But he is not using the data of the previous company. Whatever evidences have been produced are easily available on the internet. His previous employer only wants to harress him.

Please advise whether this case can be queshed?

Regards

Harish

 
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Assistant

Giving fake address of the company is also an offence. If you are sure that the company have given wrong address with the registrar of companies and have document to show then file a complaint of this fraud to the registrar of companies office. Take this ground as a defence in the case against you. You see how  Nitin Gadgari of BJP is in involved in false addressed of companies.

 
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Advisory/Advocacy

If you think you have enough evidence to prove the allegations wrong, file a discharge petition U/S 239 crpc to the relevant trial court....

 

Thanx

 

Chetan.7679@gmail.com

 
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Independent practice

Please file a Written Statement, in the criminal Court, with reference to you say: "all these materials are available in the internet", with print outs and web-page url etc. Without that you cannot prove that no secrecy are violated.

Rest all are only moment of time to get the case dismissed.

 
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Dear Sir,

Thanks for the reply. The address of the registered office is different in service agreement as per the ROC records. 1. Can he file a complaint to Registrar of Companies. 2 This complaint case has been filed under section 420, 408 IPC and 66, 72 of IT (not under section 156 (3)), if court send a summon to my friend, whether he will have to take a bail after appearing himself (if no warrant is issued).

Please clarify.

Regards

Harish

 
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Independent practice

Sir, Cases and Counter-cases will waste your time, which is otherwise to be led happily by learning new things, including law. I read that, the best lawyer avoides personal litigations, but simply compromise to avoid waste of his personal time. Concentrate in the case against you, there produce entire evidence. Also move miscelleneous applications to let the Court send necessary complants to A,B,C. Registrar of companies can normally restrain business, but crl trial in the crl courts to be conducted separately. Why to run at many a places? When you are appearing in the Crl Court as an accused, you have to obtain Bail, to ensure that you will appear on each date of hearing, without playing Tricks. It is the Judge to tell whether personal bail, or surety bail, what amount etc. Bye. Ramanathan.G 9.40 am of 30-10-12
 
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