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4. That it is the case of the Complainants that the Accused nos. 2 to 9 in furtherance of a conspiracy and with a common malafide intention have committed serious fraud, criminal breach of trust, theft, cheating, data theft, damage to the computer systems, copyright infringement of the Complainant Company No.1 by way of forming an association of persons in the form of a corporate entity 'PayHuddle Solutions Private Limited' i.e. Accused no.1 and stealing and misusing the emails, softwares, clients related information & dealings details, technological know-how, trade secrets and other confidential and non-confidential & sensitive and non-sensitive information/ documents of the Complainant Company No.1 like prices and exact requirements of the clients, source codes, presentations, flow charts, algorithms, coding sheets, etc. [hereinafter also referred to as the 'Compromised Data/Information'] acquired by them or entrusted to them in their official capacity for diversion of business/ clients from the Complainant Company No.1 to the Accused no.1 over a period of time starting from January, 2017 if not early, thereby causing great wrongful loss to the Complainant Companies and wrongful gain to themselves. Further, the Accused no.1 Company very well knowing that the said Compromised Data/ Information is of the Complainant Company no.1 is dishonestly using the said Compromised Data/ Information for its wrongful commercial benefit in the course of its daily business transactions.

6. That although the Accused persons in collusion with each other had started the fraud and process of diverting the business of the Complainant Companies to the Accused no.1 over the period of time with every effort not to leave any evidence behind, yet, the loss of business projects, clients, tenders, resignations from the Accused persons and many other employees leaving the Complainant Company No.1 and joining the Accused no.1 Company and all this happening at the same time seemed out of place and the Complainant Companies were constrained to enquire and investigate, internally. During its investigation starting from 9th May, 2017 i.e. the date when the Accused no.2 also resigned, the Complainant Companies discovered few shocking facts with evidences which pointed directly towards the various offences committed by the Accused nos.1 to 9 in furtherance of a conspiracy. Following are the few incidents/discoveries which prima facie highlight the guilt of the Accused persons and make the Accused liable of offences for fraud Criminal breach of trust, cheating, theft, data theft, damage to computer systems and the data stored therein, wrongful withholding of company property and misappropriation of property, copyright infringement, tampering with the computers.

27. That, after analyzing the abovementioned discoveries and documents produced by the Complainant Company along with this complaint it is clear beyond reasonable doubt that the Accused persons acted in collusion with each other with ulterior motive and having dishonest malafide intention from the very beginning to cheat the Complainant as the Complainant Company would not have done the acts it had done and would have done the acts it had not done if not so deceived by the Accused persons, thereby making wrongful gain to themselves and wrongful loss to the Complainant. The aforesaid actions/inactions on part of the Accused persons clearly amount to cheating under section 420, criminal breach of trust under Section 405 & dishonest misappropriation of property under Section 403 of the Indian Penal Code and Data Theft under Section 66 r/w Section 43 of the Information Technology Act. The Accused persons have also made themselves liable under Section 452 of the Companies Act, 2013 for wrongfully obtaining the aforesaid properties of the Complainant Company and wrongfully withholding and using it for unlawful purposes and also under Section 447 of the Companies Act for fraud. The Accused are also liable

29. That the above stated conducts of the Accused persons are illegal and unlawful which has resulted in a loss of about 977,000 Euros (approx INR 7,83,29,000 ,000 Rupees Seven Crores Eighty Three Lakhs and Twenty Nine Thousand only) to the Complainant company thus, it is imperative that an enquiry/investigation be conducted against the Accused persons and appropriate action be taken forthwith against them for fraud, cheating, criminal breach of trust, data theft, misappropriation & wrongful withholding of the Complainant Company property, conspiracy with common intention and other offences that they are found guilty of during the investigation.