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Can i file an fir and criminal case against my ca for cheating?

(Querist) 08 March 2013 This query is : Resolved 
My chartered accountant has taken bearer cheques from me and claims he has filed all my tax returns from 2009-2012. When I ask him to gives me the returns and challans he goes on postponing it and coming with one excuse or another. It is really stressful and I think he is duping me.

Question:

Can I file criminal case against my CA for cheating?

Can I put out a newspaper ad about his shenangians?

What legal recourse do I have at my hand?

Thank you for your time and advise.



Kiran Kumar (Expert) 08 March 2013
Better to go for Criminal law remedy rather than publication in Newspaper.

Simultaneously you may pursue the Civil Remedy and may make a complaint with the governing body of CAs.
Jatinder Singh (Expert) 08 March 2013
The first thing (and the most dreadful thing for the CA) would be to make an official complaint to the Institute of Chartered Accountants. Thereafter, you may pursue criminal remedies.

I suggest this because your initial threats to the CA of reporting him to the ICAI may work for you as if he is cheating you, he may come to a settlement of the dues. If not, then you can pursue the criminal remedies.
R.K Nanda (Expert) 08 March 2013
file criminal case against him.
Raj Kumar Makkad (Expert) 08 March 2013
Nothing to add more in the given replies.
newnimproved (Querist) 10 March 2013
Thank you for your advise. I am grateful. . I do have legal remedy. With Institute of Chartered Accountants and criminal law. I am not into litigation but he is pushing me to the wall. Once again thank you.


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