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HIGH COURT OF DELHI
MOHIT BANSAL – Appellant
Versus
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ANR. – Respondent
W.P.(C)-6819/2020
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 10th December, 2021
Date of decision:21st January,2022
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W.P.(C) 6819/2020 & CM APPL. 23588/2020
MOHIT BANSAL
..... Petitioner
Through:
Petitioner- in-person
(M:9810550051)
versus
INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA &
ANR.
..... Respondents
Through:
Mr. Ramji Srinivasan, Sr.
Advocate with Ms. Pooja
Saigal, Mr. Simrat S. Pasay,
Mr.
Chaitanya
Pandey,
Advocates (M: 9810137113)
Mr. Farman Ali & Mr. Athar
Raza Farooquei, Advocates
for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUDGMENT
Prathiba M. Singh, J.
1. The Petitioner- Mohit Bansal, is a qualified Chartered Accountant
(hereinafter “CA”), enrolled with the Respondent No. 1 – Institute of
Chartered Accountants of India (hereinafter, “ICAI”) since 25th January
2008.
2.
The ICAI issued a notice dated 25th June 2018, to show cause as to
why action under Section 8 of the Chartered Accountants Act, 1949
(hereinafter, “Act”) should not be taken against the Petitioner in view of
his conviction by the Delhi High Court under Sections 354 and 506-II of
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/000249
the Indian Penal Code 1860. The operative portion of the said notice reads
as under:
“
force to woman with intent to outrage her modesty’
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/000249
of the Chartered Accountants Act, 1949.”
3. To this, a detailed reply was filed by the Petitioner on 26th October
2018. Post this, on 14th September 2020, notice to appear for hearing was
issued to the Petitioner. The said notice for hearing reads as under:
“
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/000249
provisions of the Chartered Accountants Act, 1949.”
4. The prayer of the Petitioner is to quash this notice of hearing dated
14th September 2020, served upon him by the ICAI, and the entire
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/000249
proceedings under Section 8(v) read with Section 20(1)(d) of the Act
initiated against him. The reliefs sought in the Petition are as under:
interest of justice.”
Background of the Criminal proceedings against the Petitioner
5. FIR No. 646/2001 was lodged against the Petitioner on 7th
September 2001, at PS Rohini for offences punishable under Sections
365/376/342/354/34 of the IPC. At that time, the Petitioner had cleared his
CA Foundation and had received the certificate in respect thereof on 12th
July 2001. Post the FIR having been registered against the Petitioner,
investigation was conducted, and after the completion of investigation,
charges under Section 366 IPC, Section 376(2)(g) IPC and Section 506-II
IPC, were framed against him. In the meantime, he had appeared in the
next level of examinations and qualified as a Chartered Accountant. He
was enrolled on 25th January 2008.
6. After his enrolment, vide judgment dated 23rd September 2009, the
Petitioner was convicted by the Trial Court for the offences punishable
under Sections 376(2)(g) read with Explanation 1 and Section 506-II of
the IPC. He was sentenced to seven years imprisonment with a fine of Rs.
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/000249
25,000/-. He appealed against the conviction and sentence vide Crl. A.
828/2009 titled Mohit Bansal v. State of NCT of Delhi before this Court.
7. In the said appeal, initially, his sentence was suspended vide order
dated 5th February 2010, and thereafter, vide judgment dated 7th October
2013, the Petitioner was acquitted for the offence punishable under
Section 376(2)(g) IPC. However, he was convicted under Section 354 IPC
and Section 506-II of the IPC. The sentence awarded to him was the
period already undergone i.e., approximately 7 months, and a fine of
Rs.25,000/-.
8. Thus, after his enrolment as a CA, he was convicted and sentenced.
He underwent
