Auditor used scanned signature to file forged ADT-1 documents to be appointed at Auditor for 3 years with all scanned signature forged documents and by misuse of Digital Signature. Auditor also filed resignation of the Director in December 2014 after she died in September 2013. This Auditor resigned on June 28, 2016 from his forged Auditor position without doing any Audit work from 2014 onward. Registrar of companies and Ministry of Corporate Affairs were informed in writing after several Police complaint against the Auditor. WP was filed in the high court but nothing has come out of it in more six months passed. Evidences are all on the Ministry of Corporate Affairs MCA website.
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Company has suffered financial loss in the last two years on Rs.100 Lacs invested in the company as no audit work was done by the fraudulent auditor who appointed himself by document forgery now resigned after two years and has filed many falls documents in between. Fake Auditor also involved two unknown company secretaries who did not consult me but filed many forged and fake documents on ROC/MCA website including resignation of dead Director as stated above. What kind of damages can be filed?
1) you have already filed police complaint against the auditor for forgery
2) if no FIR is registered you can file private complaint under section 156(3) of Cr Pc to direct police to investigate and submit report
3) also lodge complaint with the institute of chartered accountants the regulatory body for chartered accountants in india for taking action against the auditor
Hi
The company can file a FIR of forgery , cheating and fraud either initiate with the police by filing an FIR or approach a criminal court to file a private complaint after considering the merits and present status of the pending WP in the High Court .
The all people involved have to be booked and tried to bring the truth.
The auditor is liable for the loss and the damages has to be recovered from him and his associates. For this a criminal case and a civil suit can be initiated.
If your company has filed WP against the auditor in HC , try to speed up the matter, it will take time in High Court , 6 months is too early for a result.
I want to thank Mr. Ajay Sethi and Miss Thresiamma G. Mathew for to the point reply. I am going to talk to my lawyer for further action. The follow up questions are here: Right now the Auditor has resigned but there is an association which makes all of them to rescue the criminal auditor and no new auditor is ready to take up work due to Union. Auditor and his family members are involved in crime and also 2 company secretaries who filed documents without consulting me and without taking my permission in writing are directly involved as they filed the falls documents using my Digital Signature and on Government MCA website. I have written to Arun Jaitly and his office also and his office has written to ROC Gwalior who is fully aware as everything is in written complaints but showing soft corner to the fraudulent Auditor. chartered accountants the regulatory body requires Rs.2500/= fee and is inactive. In fact my letter to Arun Jaitly for forwarded to them by the finance minister to fix CA fee for small companies in 2013 and so far they did not reply. Now they have unlimited fee if you look at their documents for fee. Companies act 2013 made it very difficult to deal with auditors. If Audit work is delayed by 3 months then ROC fee becomes ten times plus and for NGO legal action in two years delay. This is why this fraudulent CA was delaying such that there will be heavy penality on company from ROC/MCA. He admitted this in front of the Registrar ROC Gwalior. I still have to find an Auditor to take up the Audit work. I am a retired nuclear scientist and very special one and my delay in work is affecting National interest also. Question is how to let the company operate out of Mafia like structure of Auditors and some wasted interest in Government offices? Companies are in Gwalior, but can I file damage and criminal suit in Mumbai? Most of my work is for BARC Mumbai. I think with these answers I can proceed. I don't want to leave these criminals as they are doing harm to many simple minded Indians. For me business is experimental with Rs.100 Lacs investment but of unlimited value as you may understand it. Have a look at www.sensorstechnology.com/ and www.asro.in/ to understand exactly what I do and my name must be everywhere in Google if you search it. Thanks for everything. I greatly appreciate our young generation intelligence.
1) it is better you pay the fees of Rs 2500 for filing Complaint against auditor before the regulatory authority
2) you can do Google search of auditors in yiur city . Contact a young auditor who has just started his practise and has some experience of audit work
3) if fraud has taken place in Gwalior then case has to be filed in Gealior and not Mumbai
Hello Mr. Ajay Sethi, Problem with young Auditors in same city is that they are junior and part of the association herd and can't break the net are often under pressure from upper Mafia structure. I will find some solution for it. I am also keeping the entire Ministry of Corporate Affairs aware of the problem as Companies Act 2013 and 2014 are new and have lots of problems. They can do some amendments also. However, for public it is a law in as it is form. Yes, I will pay that Rs.2500/= and ad Auditor did not follow Auditor Ethics, CA certification of fraudulent CA will come under serious Umbrella. Good idea. As suggested, the legal cases can be filed in Gwalior so I will hire a good team of Lawyers to take up on all fronts. I think many of them will be interested as all evidences are loaded by the criminals themselves on MCA website. They simply can't get away with it.. This much help is good enough. Thanks.
Thanks for your appreciation
1. Why was the WP filed? Filing a WP was misconceived. The aggrieved parties ought to have filed a private criminal complaint in the court of the judicial magistrate upon which the court could summon and try the accused itself. You are wasting your time by writing to MCA. File the criminal complaint in the court where no association will work for them.
2. A civil suit for damages can also be filed against the auditor and company secretaries to recover the losses and also seek punitive damages from him.
1. In so far as the criminal case of forgery and cheating is concerned it can be filed only in Gwalior as the crime has been committed there whereas the civil suit for damages may be filed in Mumbai.
2. File a written complaint against the auditor to the Institute of Chartered Accountants of India which can bring the auditor to the book.
3. If you are unable to find a local auditor who is willing to do the work then engage an outstation auditor.Somebody will surely be ready to take up the work.
This Auditor resigned on June 28, 2016 from his forged Auditor position without doing any Audit work from 2014 onward. Registrar of companies and Ministry of Corporate Affairs were informed in writing after several Police complaint against the Auditor. WP was filed in the high court but nothing has come out of it in more six months passed. Evidences are all on the Ministry of Corporate Affairs MCA website.
What is your question by posting the above details?
If the case is pending before court, you have to follow it up through court only.
Company has suffered financial loss in the last two years on Rs.100 Lacs invested in the company as no audit work was done by the fraudulent auditor who appointed himself by document forgery now resigned after two years and has filed many falls documents in between. Fake Auditor also involved two unknown company secretaries who did not consult me but filed many forged and fake documents on ROC/MCA website including resignation of dead Director as stated above. What kind of damages can be filed?
If the forgery is evidently proved then a cheating and breach of trust complaint can be file agaisnt him
Auditor and his family members are involved in crime and also 2 company secretaries who filed documents without consulting me and without taking my permission in writing are directly involved as they filed the falls documents using my Digital Signature and on Government MCA website
If the forgery and fraud has com to the knowledge, besides criminal complaint, yo can also send a legal notice pointing out the discrimination and can sue him for the damages you suffered if he is not responding or complying with the demand made.
I am a retired nuclear scientist and very special one and my delay in work is affecting National interest also. Question is how to let the company operate out of Mafia like structure of Auditors and some wasted interest in Government offices?
Not all auditors are of this type and also there is no dearth for good and genuine auditors, you may look for auditor elsewhere instead of looking for one within the same place.
As suggested, the legal cases can be filed in Gwalior so I will hire a good team of Lawyers to take up on all fronts. I think many of them will be interested as all evidences are loaded by the criminals themselves on MCA website. They simply can't get away with it..
You may proceed s suggested or judiciously as per the prevailing circumstances without making simple things into complicated ones.