The second accused in C.C.No.3816 of 2016 on the file the learned XI Metropolitan Magistrate Court, Saidapet, Chennai is the revision petitioner before this Court as against the dismissal of his discharge petition filed under Section 239 of Cr.P.C. in Crl.M.P.No.3911 of 2016 dated 10.07.2017.

2. The case of the prosecution is that the Defacto-complainant (i.e.) the 2nd respondent herein is working as Assistant Manager, Administration of M/s. Photon Infotech Private Limited, filed a complaint against the petitioner herein and 6 others alleging that the 1st accused namely Thennavan Asaithambi, a former employee of the Defacto-complainant company, by colluding with the petitioner/A2 involved and thereby committed the offence of data theft of the datas belong to the defacto complainant’s company and illegally transferred the same to the second accused company namely M/s. Payoda Technology Company, which is a business competitor of the defacto complainant.

3. The accused hence involved in Criminal breach of Trust and thereby cheated the defacto complainant company. Out of the above illegality, the defacto complainant suffered a loss to the tune of Rs.10 Crores. Thus due to the above wrongful loss caused to the defacto complainant and wrongful gain to the 2nd accused by the said Thennavan Asaithambi, the above complaint was lodged.

4. It is the further case of the prosecution that the 1st accused Thennavan involved in the above illegality while he was working as the capacity of Director of Sales in defacto complainant's company. During the course of employment in the month of November, 2012, A-1 illegally transferred highly confidential information stored in the form of datas relating to the business strategies and solutions to the 2nd accused company. The said confidential information stood developed by the complainant over the period of several man hours and with high configuration computer equipments worth about Rs.2 to 3 Crores. A1, Thennavan Asaithambi was entrusted with a Sony laptop bearing Serial No. 275450617002795 and also provided with complainant's company email id namely thennavan@photoninfotech.net, thennavan@photoninfotech.com, thennavan@photon.in, for his personal use, but for the usage of the storing of the datas in respect of the company and he was using the same with his own password till he was relieved from the post in the month of April, 2013. While so, on scrutiny of the Laptop and Email ids provided by the defacto complainant's company, it was found that On 11.10.2012 @ 20:20 hours (A1) Thennavan Asaithambi had sent a mail from his email account thennavan@photoninfotech.net, to (A2) Anand Purusothaman, MD of competitor company, to his e-mail account anand.purusothaman@payoda.com, wherein (A-1) Thennavan Asaithambi sent vital confidential information/computer resource in the form of paper presentation relating to Complainant's Company. In actual, in November, 2012, a foreign firm “Touch Tunes Inc” had placed orders to provide software services and based on the same, Photon Info Tech Pvt. Ltd, i.e. the complainant company, developed the said confidential data/computer resource and had also quoted the rate for carrying out the services and the same was sent to “Touch Tunes Inc”. (A1) Thennavan Asaithambi was the Director of sales at the relevant point of time and he was the key sales person engaged with the customer who was expected to maintain strict confidentiality and secrecy on business matters. Further it is his one of the prime duties not to disclose the secret datas to any one in any mode. However, by breaching all such norms, (A1) Thennavan Asaithambi illegally transferred the business presentation developed for “Touch Tunes” through his mail I.D. thennavan@photoninfotech.net, to the mail I.D. anand.purusothaman@payoda.com, on 10.11.2012 at 19:09 hours, enabling “Payoda Technologies” i.e. the competitor company to present the same with slight modification in order to quote lesser price to Touch Tunes