J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed on behalf the Petitioner/Rajan Sareen against Order dated 16.03.2017 of learned Special Judge (PC Act) CBI-01, Delhi in Crl. Revision No.10/2016 upholding the Order of learned MM dated 02.03.2016 qua Respondent Nos.2 to 5 discharging them for the offence under Section 187/211/406/500/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”). However, the Order dated 02.03.2016, insofar as it related to Respondent No. 2, was partially set aside, and Respondent No. 2 was summoned for the offence punishable under Section 506 IPC.

2. The brief facts of the case are that Petitioner/Rajan Sareen was one of the Directors of M/s Crescore Wealth Management (P) Ltd. and M/s Unor Exim Pvt. Ltd. which are registered under the Companies Act, 1956, having their registered offices at Rajindra Place, New Delhi (both Companies are hereinafter jointly referred to as “the Company”).

3. Respondent No.2/Ms. Sangeeta Nagpal joined the Company on 03.07.2013 as Executive Assistant Administrative and Business. She left the job on 03.01.2014, after settling her full and final Account with the Company. Accordingly, No Dues Certificate was issued by Respondent No.2, on 26.03.2014.

4. Respondent No.3/Ms. Ketaki Chawla joined the Company 27.01.2014 as Assistant Manager (Operation) vide Employment Agreement Ex.CW-1/5 Colly, on 13.02.2014. As per terms of the Agreement, she was

required to serve a minimum period of probation of six months, which could be extended, depending upon the performance of the employee. As per her duties, she was handed over confidential data of the Company, which included all information, whether written or oral, concerning the business activities, financial affairs, trade secret, technology or otherwise related to the Company, its customers, clients, suppliers and other business entities with whom the company was doing business.

5. In terms of employment Agreement, it was agreed that she would hold such confidential information in trust and confidence and shall not disclose the same for his/her own benefit or for benefit of any other party. Various undertakings were also signed by her in that employment Agreement. It was also provided that if she would be found committing the breach of confidentiality, she would accept legal action. She signed two Bonds dated 08.02.2014 and 09.05.2014, Ex. CW-1/6 & CW-3/2 respectively, to serve the Company for one year including three months training.

6. However, she tendered her resignation from the services in the Company vide e-mail dated 13.06.2014 and did not come personally to hand over the documents and materials received by her during her employment. However, she admitted in e-mail dated 07.04.2014 that the said material/documents are in her possession and she had organized the same.

7. It came to the knowledge of the Petitioner, being the Director of the Company that she had taken away important data of clients, important files, documents, which had been entrusted / handed over to her during the course of her employment with the Company. On 08.07.2014, Preet Kaur, Employee of the Company, reported that she had checked Operation’s System M/s Unor Exim, where Respondent No.3/Ms. Ketaki Chawla used to

sit earlier and found that all the emails sent and conversation which happened from her system/outlook during her unauthorized absence, had all been deleted.

8. On 14.06.2014, a Complaint, Ex.CW-3/3 was lodged with the SHO, P.S. Prasad Nagar, Delhi against Respondent No.3/Ms. Ketaki Chawla, was accordingly, made.

9. Respondent No.3 was served with legal Notice dated 27.06.2014 by the Petitioner, to return the data of clients, important-files, documents, etc. She was asked to deposit a sum of Rs.50,000/- for violating the terms and conditions of her employment, despite which she did not comply with the said legal Noti