• Regarding Cyber Crime and Defamation suits

My previous employer had been alleging me for theft of data without having any pieces of evidence. I have filed some serious complaints against the company with the competent Government authorities post my termination. However, I was in touch with those authorities even before my termination and also filed an anonymous complaint within the company through internal whistle-blower lines. Citing the information and documents attached to those complaints made with competent Govt authorities, the company is now charging me with data theft and defamation. The company had initiated action against me. They brought a criminal action against me under section 200 and 156(3) of IPC and Section 66 of IT Act in local courts. And the company had also initiated defamation and Injunction suit against me u/s 500 of IPC citing the documents attached with those complaints and one document which I procured through RTI from Govt Authority. Please advise how should I go forward in this case, as I have all the rights to file complaints with the competent Govt Authorities and I could not file any complaint without some credible pieces of evidence. Thanks.
Asked 4 years ago in Criminal Law
Religion: Hindu

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18 Answers

- As the case is already registered against you U/s 200 and 156(3), you are left with no choice except to contest the same.

- Once you recieve the summon, you shall have to give your submission and give presence at court not guilty.

 

Regards

 

Vivek Arya (Advocate)

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

See the best defence to defamation is truth and further document obtained through RTI is public document based on same you cannot be charged so you have good grounds to defence and based on there complaint reply can be given. 

Further for data theft also the burden of proof is on them they have to prove same based on government complaints they cannot allege same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1.  The Co.'s cases in court will not stand the test of time, PROVIDED you documentarily prove that the Co.'s activities were illegal and that you have made proper complaints to the relevant govt. authorities.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

NO case made out agasint the document procured under RTI, rest documents if obtain by breach of privacy than theft case made out.

Filling complaint to govt. dose not call any defamation suit and if you have credible evidence to substantiate your claim, No case will yield any result.

Neither sec 66 attract in your case your act is not with the intent to cause or likely to cause wrongful loss or damage but an informant.

Yogendra Singh Rajawat
Advocate, Jaipur
22595 Answers
31 Consultations

4.4 on 5.0

1. Since the cases are already accepted by court , it would now reach to a logical conclusion after completion of trial.

2. So you have now only option is to apply for bail and then contest the cases on merit.

3. However you can avoid facing the trial if you manage to make an out of court settlement with them.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

truth is best defence in defamation case

 

2) you have nothing to fear if you have not maligned reputation of company but merely stated the truth 

 

3) contest the false cases filed by company 

 

4) apply for and obtain bail from trial court 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1.  The Court "IF" accepts the Petitions, shall issue you Court Summons and Trial would begin, wherein you will be required to appear before the Court till conclusion of Trial and Order of Court.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Since the court has not taken cognizance of the offence or the case you have nothing to do with the case.

Unless the court issues summons your remedy does not start. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

No right of accused to be heard before notices issues and charges framed against him. Admission of case depend on evidence and allegation submitted with petition.

Yogendra Singh Rajawat
Advocate, Jaipur
22595 Answers
31 Consultations

4.4 on 5.0

court would direct police to carry out investigations and submit its report 

 

2) police would issue you notice to record your statement  for purpose of investigations 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

After your acquittal you can file defamation and false prosecution case against them. 

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

See still it is in the enquiry stage court will verify the complaint primary evidence and record statement then order the complaint to be registered as criminal case. Yes at enquiry stage the court will not hear you the court will summon you and then it shall hear you.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Defamation will not hold good if it's a fact.

So whatever you submitted to the govt. authorities, you have to prove its fact. Then defamation will not hold good.

 

Regarding data theft, well they first have to prove that information you uploaded was confidential.

 

So don't worry. Don't do anything until you get a notice. See you got to understand, they have gone to the court just because Police did not take their case for whatever reason.

 

And first court has to be convinced. Only then the rest of the stuff comes into picture.

 

If you want to know more in detail, you can approach me for consultation. Do take a look at my profile.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

Theft within the meaning of IPC cannot be charged in your case.

under IT act it will invoke the section 66 if and only if  anything is done dishonestly and fradulently.

making complaint to govt authorities with copy of some data from your company will fail the test of dishonest and fradulent activity.

so i advise you not be worried so much about it.

just relax. If any court proceedings start you may again contact here.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

You need to first tell me whether Magistrate had

directed police to investigate under section 156(3)

crpc. If yes, then you appoint an advocate, ask

him to obtain all the copies from court and apply

for anticipatory bail because once order is passed

u/s 156(3), police has to register FIR.

If offence compliained off, is serious, you might be

arrested. Prevention is better than cure.

Now second scenario is that no order is yet passed

but a complaint is just filed. In that case you hire

an advocate and ask him to keep a close watch

over it.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If the company is trying to put pressure on you to withdraw your complaint or is taking revenge on you for your acts by filing such cases as counter to your case, you may have to challenge the same as per law.

You may gather evidences against the company and secure them to utilise them during trial proceedings and cross examination  and get their cases dismissed on merits and with the support of documentary evidences.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The said cases except the defamation case, the court will send you notice to appear before it and record your objections to the proposed cases to be taken on file by the court.

For defamation case, the company should have issued you a legal notice before approaching court, if not then it may not be maintainable.

 

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear

If the case has been filed and cognizance has been taken by magistrate then you have to contest the case and plead not guilty.

The defamation case can be counter if you have stated truth in your complaint to authorities.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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