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2016 (4) TMI 1466 - SUPREME COURTRefusal to quash the criminal proceedings - Forgery - mis-appropriation of funds and breach of trust - HELD THAT:- As regards the commission of offences under the Information Technology Act, 2000 the allegations are that the Appellant had, with fraudulent and dishonest intention on the website of Devi Consultancy Services i.e. www.devidcs.com that the former is a sister concern of Devi Polymers. Further, that this amounts to creating false electronic record. In view of the finding, 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. In the circumstances, no case is made out Under Sections 65 and 66 of the I.T. Act, 2000. The High Court seems to have over looked these circumstances and has merely dismissed the petition Under Section 482 of the Code of Criminal Procedure on the ground that it requires evidence at a trial to come to any conclusion - 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. The prosecution is quashed - Appeal allowed.
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