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TMI Blog2022 (2) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... the books of accounts as well as other documents, C.A. cannot carried-out the function of audit. It is important to note that the Ld. adv. for bail application no.642/2022 and 643/2022 has contended that there is a Savaria International Pvt. Ltd. company situated at Delhi and the present complainant and other department had joined the company of Delhi based with this Savaria International Pvt. Ltd of Surat, but Savaria company located at Surat and Savaria company located at Delhi has no nexus is not tenable and it is to be investigate by the department concerned. On perusing papers, it appears that Ministry of Corporate Affairs Delhi had written a letter of dated 07/01/2022 to Naranpura police station to register the FIR on the ground mentioned therein. Therefore, the complaint itself shows and suggests that in-spite of huge income, less expenses have been shown by the company as alleged by the complainant. Considering facts and circumstance of the present case, there is a difference in balance-sheet is to be investigated and as per the facts of the complaint itself shows that there may be a breach of FERA and rules of RBI by the directors of the company. Therefore, contention o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Enforcement Director in Delhi case. He has argued that charlie peng @ lau sang i.e. Chinese company and the applicants having no any kind of transaction. He has argued that till now no action has been initiated by the Enforcement Directors. He has argued that applicants have produced documentary evidence to show that the same name of the company of present applicants namely Savariya International Pvt. Ltd. is in Delhi. He has argued that similar name of the company of the applicants is situated at Delhi due to similar name, the action has been initiated against them in lieu of Savariya company of Delhi, the applicants have no concerned with the Chinese company. He has argued that there is no nexus and no transaction with the Chinise company. He has argued that Nilamben i.e. applicant of bail application no.643/2022 had been joined as director in Savariya International, Surat as a director from 23/01/2017. He has argued that the inquiry under Company Law is going against present applicants. He has argued that looking to the FIR, there is no ingredients of section 406 of IPC as who had committed the breach and who had put trust are nothing has been mentioned. He has argued that in s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s company has been established in the year 2012 by the other C.A. and the documents for the same is produced on record at page no.32 and 33. He has argued that this applicant is appointed as C.A. on 05/09/2016 as a auditor and the applicant has audited account for the year 2015-16 and its report is produced on record at page no.6 and 11. He has argued that this applicant has resigned to the registrar of company and same is produced at page no.12 and the reason is mentioned therein. He has gone through the FIR and argued that it is mentioned in the FIR that this auditor has resigned. He has argued that the report of the company audited by the present applicant is produced on record for the year 2015 at page no.15 onward. He has argued that this applicant has obtained license of C.A. in the year 2014 and same is produced at page no.48. He has argued that job of applicant is to audit the companies. He has argued that as per FIR, there is no case of false accounts and in false accounts Registrar of Company is not aggrieved and there is not mentioned in FIR. He has argued that the neither Bank nor ED has filed complaint. As per the FIR the allegation is from the year 2018. He has argued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 and after 2015-16 no financial statement had been filed. As per the complaint itself shows that the applicant of bail application no.643/2022 namely Nilamben Bodra had appointed as a director from 23/01/2017. It is important to note that the applicant of bail application no.642/2022 namely Mukund Kurne was appointed as a director on 01/08/2014 and the applicant namely Sumit Bodra was appointed as a director on 23/07/2012. It means they are well convergent with the affairs of Savaria International Pvt. Ltd. On perusing complaint, which itself shows that the auditor had resigned as a C.A. due to company is irregular for the payment of dues like income tax, GST etc. It is important to note that the Chartered Accountant Jigneshbhai Hirapara had resigned on 29/08/2018. It is important to note that the function of the C.A is to audit the accounts of company as per transactions submitted by the directors of the company. Therefore, in absence of production of the books of accounts as well as other documents, C.A. cannot carried-out the function of audit. It is important to note that the Ld. adv. for bail application no.642/2022 and 643/2022 has contended that there is a Savaria Internati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following order. O R D E R 1. The Criminal Misc. Application No.642/2022 is hereby rejected. 2. The Criminal Misc. Application No.643/2022/ Nilamben Sumitbhai Bodra Criminal Misc. Application No.644/2022/ Jigneshkumar Pravinbhai Hirapara are hereby allowed. 3. The applicants accused of bail application no.643/2022 and bail application no.644/2022 are ordered to be released on anticipatory bail in connection with offence registered at Naranpura Police Station I-C.R. No.11191034220124/2022 under Sections 406, 420, 477-A, 120(B) and 114 of IPC read with section 66(D) of the Information Technology Amendment Act, 2008 read with section 447 of the Companies Act, on their executing a personal bond in the sum of ₹ 15,000/- (Rupees Fifteen Thousand only) each with one local surety of like amount subject to following conditions :- A. The applicants-accused shall not in any manner try to influence the prosecution witnesses or act in any such manner which may be termed as prejudicial to the interest of prosecution; B. The applicants-accused of bail application no.643/2022 and bail application no.644/2022 are directed to appear before the concerned I.O./Police ..... X X X X Extracts X X X X X X X X Extracts X X X X
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