- (1.) One Smt. Rajnandini Mohanta, Proprietress of M/s. P & R Services, lodged a complaint against Wipro Ltd. through its Company Secretary and other officers of said company being complaint case No.C1670 of 2012 in the Court of learned CJM 24 Pgs. (South) at Alipore praying for issuing of process against those accused persons under Section 406/420/120B of the Indian Penal Code. Said complaint was transferred to the Court of learned Judicial Magistrate 7th Court, Alipore for disposal according to law. Learned Magistrate after examination of the complainant and another witness under Section 200 of the Code of Criminal Procedure, issued process under Section 420/120B I. P.C. against the accused persons vide order dated 4th April, 2012.
(2.) Azim Hashmi Premji being chairman of Wipro Ltd. and accused No.3 of said complaint filed a revisional application being CRR No.2037 of 2012 praying for quashing of said criminal proceeding arising out of CR Case No.1607 of 2012 under Section 482 of the Code of Criminal Procedure, 1973.
(3.) Other accused persons also filed a similar application under Section 482 of the Code of Civil Procedure , 1973 being C.R.R. No.2038 of 2012 praying for quashing of said criminal proceeding. As both the applications arose out of same criminal proceeding and order of issuing process and the allegations against the par- ties were almost same, both the revisional applications were taken up for analogous hearing. The allegation of the complainant (O.P. No.2) in said criminal case may be summarized as follows:- The complainant used to provide man power services to various departments of the accused company for last 12 years under contracts which were renewed from time to time till 17th of July, 2011. The service agreement was not renewed on some false allegations of lack of integrity on the part of the complainants company. There was a threatening to initiate legal proceedings against her and her concern unless the complainant accepted the oral termination. Said threatening was given by Surinder Nair (accused No.4) and Meeno Jacob (not an accused in this case). The accused company, on the other hand, employed those employees of the complainant in the service of other service providers of the accused company without any intimation to the complainant in utter violation of the agreement between the parties. The salaries of those outsourced employees were being paid by said service providers. The complainant made complaint against the said high handed activities of the officers of the accused No.1 company to the higher authorities of the accused No.1 company but without any result. The complainant had invested huge amount to train her employees to acquire valuable skills and technical know-how to enable them to discharge their contractual obligations with accused No.1 Company. The illegal termination of the service agreement caused wrongful loss to the complainant and wrongful gain to the accused company. The said act of the accused company and his officers resulted in the offence of cheating of the intellectual property of the complainant company after entering into agreement of conspiracy by all the accused persons. The accused persons were also guilty of causing misappropriation of the complainants intellectual property namely the trained work force of the complainant company which were given to the accused company for working.;