hello sir can I be charged with fraud ,if my telephonic conversations prove me innocent . q2 can high court stop sec 43 infringment of i.t act 2000.

Legally bound to do"-- The word "illegal" is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be "legally bound to do" whatever it is illegal in him to omit.

43. Penalty and compensation for damage to computer, computer system, etc.
If any person without permission of the owner or any other person who is incharge of a computer, computer system or computer network, or computer resource.

You may wait for the trial proceedings to be concluded to know your status.

I could not correlate your query without facts, prima facie  it is an examination hall type question paper.

@Querist,

What are the facts and circumstances? 

Thank you.