Nandan (NA) 22 April 2011

can i be convicted on the basis of false witnessess

Question :: Respecte Sirs,
I am dying at every moment of life in fear of legal consenquences so kindly help me to rejuvenate my life.
Sir,I am an award winning student of The Institute of Chartered Accountants of India.As per our Institute a CA student is required to undergo article training for a prescribed period with a Charetered Accountant in practice.As per the rules of our Institute a student is required to enter into an agreement executed on a non judicial stamp paper with CA in practice to follow the guidelines prescribed by the institute as may be in force from time to time.As per the rules of the institute i had to undergo at least 15 months of article training before appearing in CA PCC exam.After completion of about 13 months of training i requested to my respective Chartered Accountant that as i have been unable to prepare for my upcoming PCC exam in Nov.2009 so if you could manage I want to go for theoritical preparation now after leaving practical training.He agreed and I went for preparation.When i returned to get my PCC form signed by my respective CA he disallowed after saying that he had not commited anything with me so firstly complete the remaing training and then he will give me in written that I have undergone 15 month training under him.As my exam was only two months ahead I went to my CA with my papa to request him.After request that I will serve for remaing period after exam my CA signed the form. After exam I worked about 1 month when my CA called me in his cabin and told me that as i have gone against the rules he shall take action against us that we forced him to get my exam form signed.As my respective CA is very clever I am sure he can definitely fabricate false witnesses to say in court of law that we coerced to get my exam form signed and then let me work after exam.So, kindly inform me can I be convicted on the basis of false witnesses saying we used coercion under Indian Penal Code.

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4 Replies

(Guest)

why would your CA file a case against you for such a petty matter these type of arguments keep on taking place between CA articles and there principals you would be aware about in your circle. Unless you have forced him illegally dont worry he wont indulge in such petty complaints they have more important things to work upon but Yes unless he gives you your training completition certificate you will be in a problem as ICAI wont accept ur training as completed.

Sort this out amicably instead of making it a big issue talk with him serve 1-2 months more under him as ICAI dont easily allow change of principal and this completition certificate is important for you for ur finals appearence. Hope you completed your PE2.

Om Prakash Dhusia (HR assistant) 23 April 2011

Dear Nandan, i dont comprehend the idea of writing to the public about being award winning candidate or the cream of the creams because people have a wrong notion that this will qualify them for immunisation to any legal process.

As for the witnesses are concerned, if they depose before the court against you and you or your defence fail to contradict them then court would be free to draw its conclusion so instead of apprehension I would suggest to prepare your defence strongly and refute the charges if any otherwise surrender to your CA and try to finalse the issue amicably as suggested by Mr. Mithilesh.

Regards.

Avnish Kaur (Consultant) 24 April 2011

JUST WAIT AND WATCH. COLLECT EVIDENCES AGainst him if poss.

if he files a case aganst u hire a good lawyer to fight him tooth and nail. u cannot be prosecuted just only on basis of false witnesses if u have a good lawyer, not so 4easy to prosecute u , rather u can also file several cases against him which cannot be disclosed in a public forum.

Om Prakash Dhusia (HR assistant) 24 April 2011

I do not subscribe to the views expressed by Ms.Avnish Kaur because I follow the Newton's law, where it says,"Every action has reaction in equal and opposite direction".

The suggestion from Ms.Avnish would generate a good source of income for the lawyers duo and would turn into a great war between two lawyers of each side and the victim would be ultimately only you.

I would suggest to kindly go for amicable settlement with your CA and he would be convinced being a human.

Regards.