Brief Facts of the Case
In this case, an individual namely, Tarun Tyagi (hereinafter referred to as the Petitioner) filed the present petition for quashing an order passed by the Chief Metropolitan Magistrate on November 6, 2013 in the matter.
Background of the case
Initially, the complaint was filed against the Petitioner by the company Unistal Systems Pvt. Ltd. (hereinafter referred as the Complainant Company) of which the Petitioner was an employee from 2003 to 2005. The Complainant Company is engaged in the business of providing data recovery services.
Allegedly, after leaving the services of the Complainant in September, 2005 the Petitioner set up a company namely M/s Prodata Doctor Private Limited (hereinafter referred as the Petitioner’s Company). The Petitioner’s Company was also engaged in a similar business of data recovery and developing software applications for computers.
The Complainant Company in suspicion of theft of its source code by the Petitioner registered a FIR with the CBI (Central Bureau of Investigation) wherein it alleged that somewhere around March, 2005 the Petitioner had stolen the source codes of a software known as “Quick Recovery” and the same was offered for sale by the Petitioner’s company under the name “Prodatadoctor”.
In view of the above complaint, the CBI conducted seizure of documents and disks from the Petitioner’s company. Meanwhile in 2008, the Complainant Company preferred a suit for perpetual injunction and damages against the Petitioner alleging infringement of its copyright of software named, Quick Recovery. The suit of the Complainant Company was based on the footing that the Petitioner had stolen the source code of a software developed by it and the same was put up for sale by the company owned by the Petitioner by making some cosmetic changes in the software.
Pursuant to the aforesaid, the CBI filed a charge sheet against the Petitioner under Section 66A of the Information Technology Act and Copyright Act.
Section 66 of the Information Technology Act,
2000 implicates penalty and/ or imprisonment on
those who commit computer related offences like
damage to computer system or network or
steals, conceals, destroys or alters or causes
any person to steal, conceal, destroy or alter
any computer source code used for a computer
resource with an intention to cause damage