CA acquitted by ICAI  for hacking etc CA acquitted by ICAI for hacking etc

5 years ago

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.

Abhimanyu Shandilya

Responded 5 years ago

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A.You can try to send one more representation to ICAI with the all the case and police complaints as annexures. Secondly since case criminal case is going on so the outcome of the case will also be useful for you as that too can be shared by you with ICAI.
About the police not applying the IPC charges the answer is it depends on how the FIR complaint was drafted and given to the police. Generally we lawyers when we draft an FIR we include all the relevant sections so that we can make it stronger and nothing misses out.
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Anonymous

Replied 5 years ago

Thanks a lot sir for your advice. Further, after sending even a charge sheet copy to ICAI, they acquitted the CA stating that this is a family matter and CA is just made a party of it. Shocking but true.

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