Ramesh Rajgopal Appellant Vs. Devi Polymers Private Limited
Indian Penal Code,1860 - Section 409 , Section 468 , Section 471
Read with Sections 65 and 66 of Information Technology Act, 2000 read with Section 120(b) of the IPC - Prosecution under - Appeal to quash the proceedings - No offence is made out under Section 66 of the I.T. Act, read with Section 43. The appellant was a Director of Devi Polymers and nothing is brought on record to show that he did not have any authority to access the computer system or the computer network of the company. That apart there is nothing on record to show the commission of offence under Section 65 of the I.T. Act, since the allegation is not that any computer source code has been concealed, destroyed or altered - The acts of the appellant did not have any dishonest intention while considering the allegations in respect of the other offences - No case is made out under Sections 65 and 66 of the I.T. Act, 2000 - The criminal proceedings initiated by the respondent constitute an abuse of process of Court and it is necessary to meet the ends of justice to quash the prosecution against the appellant.
Topic(s)-Quash the proceedings u/s 409 , 468 and 471 IPC & 65 , 66 IT Act