IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.04.2010 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.O.P.No.6195 of 2007 and M.P.No.1 of 2007 D.Vijayakumar ...Petitioner -Vs- Spencer's Retail Limited (Formerly known as Great Wholesale Club Ltd.) represented by its Authorized Signatory Mr.G.Murali ...Respondent Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for the records pertaining to the proceedings in C.C.No.1149 of 2007 pending on the file of the learned III Metropolitan Magistrate, George Town, Chennai and to quash the same as not maintainable. For Petitioner : Mr.T.Gowthaman For Respondent : Mr.B.R.Shankaralingam O R D E R The petitioner seeks to quash proceedings in C.C.No.1149 of 2007 pending on the file of the learned III Metropolitan Magistrate, George Town, Chennai. 2.In such case, the petitioner is facing prosecution for offences under Sections 406, 418 and 425 IPC. 3.Heard the learned counsel for the petitioner as also the learned counsel for the respondent. 4.The complaint against the petitioner is that he was an employee of the respondent/complainant, M/s.Spencer's Retail Limited whose service was transferred to the Foodworld Supermarkets Limited pursuant to a joint venture agreement. As against an undertaking given by him to give 90 days notice in case he wished to leave the services of the respondent/complainant company and not to divulge https://hcservices.ecourts.gov.in/hcservices/ any information obtained in his tenure with the respondent/complainant, in violation thereof, the accused had suddenly left the services of the complainant thereby throwing the complainant in jeopardy. Violating the trust placed upon him and being aware of the loss and damage that could be occasioned to the complainant, the petitioner had left the services of the complainant company and thereby caused it to suffer wrongful losses. It also is alleged that in violation of trust and the confidentiality conditions, the petitioner had joined a rival company. 5.The allegations in the complaint would go to show that what is complained of is merely a breach of terms of service which by no stretch of imagination can give rise to a criminal complaint. The complaint deserves to be quashed. 6.Accordingly, the Criminal Original Petition is allowed. The proceedings in C.C.No.1149 of 2007 pending on the file of the learned III Metropolitan Magistrate, George Town, Chennai shall stand quashed. Consequently, the connected miscellaneous petition is closed. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar gm To 1. The III Metropolitan Magistrate, George Town, Chennai 2. -do- Thro' The Chief Metropolitan Magistrate, Egmore, Chennai. + 1 CC to Mr.B.R.Shankaralingam,Advocate,SR.22957 Crl.O.P.No.6195 of 2007 and M.P.No.1 of 2007 KSK(CO) EM/22.4.10 https://hcservices.ecourts.gov.in/hcservices/