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4. After completion of the development project, alleged accused persons again reached out to the complainant company stating that they would also be interested in continuing to do maintenance of complainant company's application and server on regular basis. On 12.09.2023, complainant company got information from the market that there are some new companies one of which was Fleetpay India Technology Pvt. Ltd having its office at Noida that has been formed consisting of complainant company's few ex-associates/employees and their relatives. Upon further inquiry the complainant company also came to know that alleged accused no.1 & 2 have been stealing complainant's company software and have sold the same to the above- mentioned company and few other companies without any knowledge or approval from the complainant company. The screen shots of the software and web designof the complainant CR No. 3732024 Soul Communication Pvt. Ltd. Vs Uttam Kumar Singh PS Moti Nagar company and that of Fleetpay India have been placed on record alongwith the complaint. Alleged accused persons were contacted by the CEO of the complainant company but they did not reply or contact despite repeated efforts. Finally, alleged accused persons got in touch with CEO of the complainant company on 25.09.2023 and a meeting was scheduled for 26.09.2023 for discussing the copyright infringement matter. Alleged accused no.1 came for the meeting at the office of the complainant company He was asked to return the amount paid to him by the complainant company and to change the source code of Fleetpay India and other companies in which the source code of complainant company was used. However, alleged accused no.1 threatened to delete the source code and software of the complainant company and paralyze its day to day functioning. He also threatened to install a malware in the complainant company software through which anyone can freely access the database of the complainant company. Alleged accused no.1 also demanded Rs.50 lakhs from the complainant company in order to stop using and sharing their database and source code in the market. The CEO of the complainant company immediately called the police. Both alleged accused persons and CEO were taken to the police station and written complaint dated 26.09.2023 was filed. At the PS alleged accused no.1 gave in writing that he had shared source code of the complainant company with a company named Fleetpay and assured that he will destroy the source code and if any replications are created in future, he will be responsible for the same. However, even thereafter, alleged accused no.1 continued using the same source code and platform as that of complainant company and continued CR No. 3732024 Soul Communication Pvt. Ltd. Vs Uttam Kumar Singh PS Moti Nagar selling the same in the market causing wrongful gain to him and wrongful loss to the complainant company.
6. Since no action was taken on the complaint made by the complainant company before police authority, the present complaint was filed under Section 200 r/w Section 156(3) Cr.P.C seeking direction for registration of FIR.
7. After filing of the present complaint ATR was called by Ld. Trial Court vide order dated 03.02.2024. ATR dated 27.02.2024 was filed by the IO ASI Jetha Ram. As per the ATR, no evidence of theft of software or source code or data was found and the main dispute between the parties was on account of development of software of Fleetpay India Technology Pvt. Ltd by alleged accused no.1. The matter was found civil in nature and the complaint was filed.