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1.Vide this petition, order impugned is dated 02.09.2015 vide which the Ld. trial court ordered for framing of charge under Section 120-B read with Section 381 IPC and Section 65 & 66 I.T. Act, 2000 against both the petitioners. Accordingly, charge was given to both petitioners and substantive charge for offence under Section 381 IPC and 65 & 66 I.T. Act 2000 was framed against petitioner no.1.

2.Brief facts of the prosecution case are that charge sheet was fled against both the petitioners by CBI under Section 65 & 43 I.T. Act and Section 120-B read with Section 381 IPC. The FIR is on the basis of complaint made by M/s AKS Software Ltd. which is a company duly incorporated in India having its office at A-1/169, Safdarjung Enclave, New Delhi and is engaged in the business of Agriculture Management Software. The complainant had developed this software known as AMS (Agriculture Management Software). The complainant company has also developed three other software, being "CCS Project" software, "Web-based Reports Project" software and "Smart Weighment Project" software. All these software and their source codes have been developed by the complainant company. Source codes of the above mentioned four software of the complainant company consists of listing of programs, computer commands, design and layout and programme analysis of computer resources in any form. In complainant's business source code of software is considered very precious and that is the main "assets" any software company creates. This source code is not passed on to customers, they are only licenced to use the executable programs and therefore cannot make any change in the software provided to them and software remains property of the company.

3.The aforesaid software and their source codes are the original, literary works of the complainant company within the meaning of Copyright Act. These softwares are extremely expensive and has taken more than two decades of man hours. The market value of said source code runs into crores of rupees. On 1.10.2007, petitioner no.1 was recruited in the complainant company as Senior Software Engineer and he was trained by the company to work on AMS software project. He remained employed in the company for more than 2 years and then resigned from service. He was relieved from the service on 16.12.2009. During the service, petitioner no.1 has worked on AMS software projects of complainant's important customers, namely Mumias Sugar Company Ltd., Kenya and Kakira Sugars Works (1985) Ltd., Uganda. Petitioner no.1 had officially visited sites at Uganda and Kenya for implementation and support work of these projects.

4.The source code lies on server computer in the company office which allows senior employees of the company like petitioner no.1 privilege of access the source code of AMS software, CCS project, Smart Weighment and Web-based Report projects. Recently, company was going through its electronic records and logs and has discovered that before leaving the complainant company, petitioner no.1 has dishonestly and intentionally stolen source code of AMS for Kakira Sugar Project by coping it from the complainant company server kept in the premises of the company and this was done with malafide intention without knowledge and authority of his superior. On examination of the computer that was handed over to petitioner, while in employment of the company, it was discovered that he has copied CCS project software source code on his laptop from the complainant company server on 23.9.2009. He copied Web-based Reports Project on 9.11.2009. He e-mailed technical documents of Kakira Project to his personal e-mail ID on 23.9.2009 and 26.9.2009 and 16.11.2009. As per Company rules, employees are supposed to use official e-mail ID for official purpose and they are not allowed to use personal ID, since company has no control over those e-mails. The Smart Weighment Project software (Kakira version) source code was found on the laptop of the petitioner. The company had found that petitioner no.1 had undertaken employment at Software Applications Ltd. Kampala (Uganda), the sister concern of Kakira Sugars Works (1985) Ltd. Uganda which is under the direct control of the same management. Petitioner no.1 had passed on this source to his present employer and/or M/s Kakira Sugar Works (1985) Ltd. for vested reasons. He was also assisted by his customer and Nilesh Dhar Dubey, i.e. petitioner no.2, who is a software professional and is well familiar with all nuances and aspects pertaining to source code software. This software has been stolen with meticulous planning by petitioner no.1. along with his brother,i.e. petitioner no.2 and with complainant's customer company M/s Kakira Surgar Works (1985) Ltd., Uganda. Since they have secured source code of AMS, they do not have to pay the company for making changes in the software and can also use it for their other sugar factories. Petitioner no.1 has been rewarded for stealing the source code in the form of lucrative employment in Uganda by Kakira management in their software company. Both petitioners have leaked confidential data and information to M/s Kakira Sugar Works, Uganda.