ICAI aquitted Accused CA
5 years ago
et, Information Technology
Me and my wife living separate since 2016 as we are having different cases pending. I made a complaint against a CA for hacking and made changes in my online income tax account. Fir was registered against CA in u/s 156(3) and charge sheet filed in the hon'ble court with IT Act of 65 and 66 (c). Now in charge sheet no IPC sections added whereas police made 2 people accuse (i.e. my wife and CA her cousin), so as per my knowledge police need to charge with additional sections 34, 420, privacy, and others. On contrary i filed the same complaint with the ICAI(Institute of Chartered Accountants of India) Disciplinary Deptt. against the CA where my wife supplied the fake notary attached affidavit that she access my account by visiting her cousin brother CA's house, using his laptop so the CA should be out of the complaint. The director of ICAI made the prima fascia opinion against the CA and since long time it was pending for the board of directors table to decide. Finally, on 4th July 2018, i filed the complaint with the hon'ble minister Mr. Jaitely and with the President ICAI against the delay in deciding my complaint by the ICAI. Shockingly i received the decision of ICAI on 6th July 2018 that the board of Directors held a meeting on 4th July (complaining day) and decided and sent letter to me on same date, acquitted the CA declaring that the matter is pertaining to family dispute and its not falls in their code of conduct i.e. disrespect to the ICAI, or falling in others conduct and CA is just made a party of family dispute. Whereas according to the Income Tax Report, its clearly mention that the CA had access my account and made changes to it. 1) Can i make any complaint against my wife to filing a fake affidavit with ICAI to save her brother. Which was also handed over to police by me and still police make the both persons accused. 2) ICAI board of Directors adverse the decision of their own directors who made guilty in prima fascia which is also mentioned in their final decision sent to me. Is it not a saving mode to accused as the same matter is pending with the court against the same CA. 3) Is it not a counter blast of the ICAI board of Directors, that the complaint which was pending since more than a year, is suddenly decided on the same complaining date against the ICAI.
Sanjay Kumar Jha
Responded 5 years ago
In your case the must be IPC section not alone IT sections, so 420, 415,379 must have been added , now for the further advice you may consult any lawyer needful action
Deepak Yashwantrao Bade
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago