Case of cheating on the basis of incomeplete audit report

Mukesh Chudiwal (Querist) 21 August 2012 This query is : Resolved
Dear Friends,

I have given an incomplete report for audit of a trust to three persons came to me. I have told them that this audit report is incomplete and give me complete record and then I will finalise the report. However they have taken that incomplete report and submitted to Wakf Board Office withour my consent.

Now one opposite party has filed complaint in police station against me and those person for preparing and filing false document.

I want to know how I can be responsible for incomplete audit report submitted with out my consent. Moreover I have not signed main audit report there.

Can I be party for such incomplete audit report of a trust..

What should be my stand against this complaint??

Pls guide.

Mukesh.

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Adv.R.P.Chugh (Expert) 21 August 2012
If it the report is incomplete and it is apparent that nothing is concealed therefrom or anything false stated. Then in that case you should register an FIR yourself of theft of report. This would help you somewhat counter the case against you. Once FIR is registered if 420/467 etc are involved get an AB - and then depending on the role attributed to you in the FIR - go in for a quashing or discharge.

Good Luck !

Adv. Bharat Chugh

Guest (Expert) 21 August 2012
Dear Mukesh,

There was no sense in handing over the copies of incomplete audit report to anyone. If any record was not provided by the client, you could well have qualified your report with remarks of not providing appropriate record to you for the purpose of audit.

Naturally the opposite parites would try to take advantage of the incomplete report by saying that you have purposely leaked out the part of the report with some malafide intention. The question arises, how you would prove that the report was submitted without your consent when you were not supposed to issue just a part of your audit report?

Being an auditor, you can also be made party to the case on account of incomplete or false audit of accounts and report on that.

You have also not mentioned under which section the opposite party has filed an FIR against you?

I may suggest some wayout if you give complete background of issue of such partial report and whether that report is duly signed by you or not? If you feel any hesitation to bring out some facts openly on this forum, you can write through email at: dcgroup1962@gmail.com

Guest (Expert) 21 August 2012
Dear Bharat,

You may please like to review your reply with particular reference to section 467, if that can work in this case.

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