Notice u/s 160 crpc to auditor

Mahesh (Querist) 26 May 2012 This query is : Resolved
Sir,
We have audited the books of a village water supply committee and expressed our opinion on the financial statements based on the books examined some 4 years back.
Now, some misappropriation charges are levelled against the committee and we have received a notice u/s 160 CrPC to attend before the IO and give our statement. The notice was served 6.00 pm on 25th May and the attendance is required at 10.00 am on 27th May.
What should be our course of action.
Thanks in anticipation.

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Guest (Expert) 26 May 2012
You may have to attend and cooperate with the enquiry.

However, you need not be panicky and can state facts if the audit was based on the proper vouchers, delegated powers of the committee and relevant accounting rules, as an auditor is not supposed to verify the facts from the market or the individual payees if fake vouchers are presented before him for the purpose of audit.

Nadeem Qureshi (Expert) 26 May 2012
agree with Mr. Dhingra

Sudhir Kumar, Advocate (Expert) 26 May 2012
The charge of embezzelement cannot be proved without your evidence. Your cooperation is needed and can be secured u/s 160 CrPC.

4 years (or even 44 years) gap does wipe out the relevance of your evidence.

You have not stated as in which capacity you audited the books.

Mahesh (Querist) 28 May 2012
Thanks a lot for all the inputs. I have given the statements about the facts of the case. The case is a purely political one.

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