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4. The facts in detail of this case are that on the basis of complaint filed by Alok Gupta, Director M/s Unistal Systems Pvt. Ltd., a case was registered under Section 65 of I.T. Act, 2000 and Section 63 read with Section 14(b)(ii) of the Copy Right Act against the respondent, an ex-employee of the company in the year 2005 for theft of source code of its proprietary software developed by it. Proprietary software was in the name of Quick Recovery for Mac, Novell & Novell NSS. It was sold to US based Website by the name of DTIDATA.COM owned by Dave for a profit after making some cosmetic changes in the same by the name of 'Recover it All for Mac, Novell & Novell NSS'. The demo version of the software 'Recover it All for Mac, Novell & Novell NSS' was compared by the complainant with his own software, 'Quick Recovery for Mac, Novell & Novell NSS' on five parameters using a tool called 'Resources Hacker' and it was found that the executable files present in both the softwares were same. The screen printouts of both the softwares were handed over by the complainant in which the similarities were reflected. Also the demo versions of the stolen software 'Quick Recovery for Mac, Novell & Novell NSS' was handed over for comparison in the form of a CD. Respondent was also an employee in the company of the complainant and the accused with his assistant developed the software Quick Recovery for Mac, Novell & Novell NSS for the complainant. However, respondent left the company and he misused the source code and manipulated the software by making cosmetic change in the software and sold to the US and made profit. After completion of the investigation, charge sheet was filed in the year 2007. On 8.7.2009, ld. Counsel for the accused Rupesh Kumar filed an application for supply of deficient copies. Vide order dated 21.11.2009, ld. CMM vide detailed order had allowed the application of the accused and directed the CBI to supply the mirror image copy of the Hard Disk mentioned at serial no.40 and 41 to the accused within one month from today. It was further ordered that copies of the documents at serial no.42 and D-43 be also supplied to the accused person within a period of one month. It was further directed that accused shall file an undertaking by way of affidavit stating that after receiving the copy of the compact disk containing the original source code of Quick Recovery for Mac, Novell & Novell NSS i.e. document D-42 and D-43, that he will not misuse the same and shall be liable for prosecution in accordance with the law in case it is found that the same has been misused. Thereafter, an application for modification of the order was filed. Ld. CMM has dismissed the revision application and directed the CBI to supply the same within four weeks.