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Forged Signature on Appointment letter
09-Sep-2023 (In Criminal Law)
Dear Lawyer,
I was working in a company as an employee, received appointment letter after some days by mentioning some terms & conditions.that document says acceptance with signature is needed. But i never signed on that.
After leaving that job i started my own business and that previous employer filed one case against me for breach of agreement (appointment letter). I sent that signed agreement to forensic and the report says signature are forged.
Now when i have submitted that report in the court, their lawyer is saying without signature also those terms & conditions was applied on and accepted by me.and then also breach of agreement is there.And he is saying if my client has done fake signature on those documents, it is not forgery.
Kindly suggest what should i do in this condition?
You were working in the company and received appointment letter subsequently. you have not mentioned whether you received salary as well. If any person starts working as an employee , naturally terms and conditions of employment are applicable to him. Your working with them by subsequently receiving appointment letter implies your accceptance of the terms of employment. Look for other defense, rather than their forgery of sign as it will not be of much use to you.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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it is indeed a clear case of forgery. you need to approach the police with that particular document or a certified copy along with the signature analysis report. the matter is very serious and you don't know which other document has your signature on it without your knowledge. if the police refuses to entertain your complaint, you need to approach the magistrate in your area.
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Adv. Sudarshan Desai
Pune | 400+ Answers
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Well, first of all, you did the absolute right thing by not signing on that appointment letter. It is because, you didn't sign it, your employer had to go to such an extent that somehow, your employer succeeded to forge your signature. Opposition Lawyer's claim that it is not forgery is based on what? Had he denied the forensic team's report to be correct and casted aspersions on it?
You should have got the forensic investigation done through court recognised credible forensic agency, otherwise, opposite side's lawyer could cast shadows of suspicion on such report's credibility which he could have done so. If that was not the ground to contest forgery by the opposite side's law, only fool could say that it was not forgery.
As far as claim of accused side's lawyer is concerned that without signature too, appointment letter was valid, then I think, by that argument, he meant Implied Contract, that by continuing to work over there after seeing the terms and conditions, you accepted such terms and conditions in an implied manner which is quite interesting and the most difficult thing to prove. His argument will be considered as valid only on one condition, but for that, I need to scrutinise your Appointment Letter.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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