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ABHINAV SAXENA (self employed)     05 July 2018

Breech of service bond, civil & crimnal case by company

Dear Experts,

I was working for a company in Delhi, as per appointment letter it says i have to furnish a service bond for three years and i will be in a probation period for six months. i joined happily and started working in the company with very good performance and bond was not executed more than a year. Someone from the company left and they asked to sign the bond after a year for me and i signed it. Since i worked for company more than 2.6 years and no increment was given to me despite of very good performance, every time i asked them an increment they said i have furnished bond and i can’t leave job till i complete three year. i was so frustrated and i have got new born baby, expenses increased and i resigned the organization 6 month prior to bond period finished. They send me a notice through a lawyer and asking bond amount 3 lack or they file a case, i replied to them through a lawyer stating loop holes in their allegation and it will not stand for a long so kindly don’t do this, They filed a civil suit against me in court and changed the first page of appointment letter condition and made it in full of their favor, since the only last page of appointment letter was signed by me and company so they did it. They made a complaint against me in police station that i have submitted the forged appointment letter in the court and police started harassing me by saying it is a criminal offence and i might go to jail one day. The said this in court that i furnished the forged appointment letter in court also. My lawyer was attending the hearing and i secured a job in abroad and give power of attorney to my father so that he can attend the proceeding on my behalf. As i came bank India they give a summon and filed a criminal case against me on above forged document ground. Very Important- When i joined their organization i bought a new car at the very first month of my joining the company and give my original appointment letter as a proof of income to secure a car loan. As a witness my lawyer already submitted the statement and a certified copy by bank of my appointment letter in the court as proof. Since they have 100% forged the document and changed it even after 2.6 years issuing the original to me. Now i am fighting this case from last almost 5 years and been harassed a lot by police and company. I had to go out for job since they are very rich and politically influence people and made it so hard to me to work in Delhi. My question is that is my proof is strong enough to save me at the end, and what all option i have to pressurize them. Now since i have invested more 3 laces in court proceeding paying high fee to lawyer etc. i don’t want to quit now rather want to teach them a lesson. Since they took up my case to teach rest of staff a lesson that if they leave what will happen like me. 

Is there anyway where court can send my original paper and their fake paper for forensic test and examine the age of the ink for proof? or is the bank statement is enough to defend me... kindly guide me.

In case i am unable to convey my point or any one of you want any other details please write me, i have very strong faith in lawyers club and their suggestion.

Thanks

 



Learning

 7 Replies

Siddharth Jain   05 July 2018

They cannot ask you to pay the bond amount as such bones are invalid as per section 27 of the Indian Contract Act which clearly states that any agreement in restraint of trade is void.

Moreover, you should also file an application under section 340 IPC against them committing the offence of perjury.

For any other queries feel free to contact me at isidjain1@gmail.com

ABHINAV SAXENA (self employed)     05 July 2018

Mr. Siddharth, Now the matter is forged documents. I have mentioned you my situation that I have secured loan on the basis of the appointment letter at the time of joining. they changed the letter after 2.6 years and filed criminal case against me. Does my evidence is strong enough to save me and put them in jail. Thanks

ABHINAV SAXENA (self employed)     05 July 2018

Mr. Siddharth, Now the matter is forged documents. I have mentioned you my situation that I have secured loan on the basis of the appointment letter at the time of joining. they changed the letter after 2.6 years and filed criminal case against me. Does my evidence is strong enough to save me and put them in jail. Thanks

Kumar Doab (FIN)     05 July 2018

Such establishment may (misad)venture to deny the paages submitted to bank as well.

Your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters  and well versed with latest citations, LOCAL applicable rules/laws/ precedences… and having successful track record…. and worth his/her salt…..and that ha s*xamined all docs/facts/inputs is to help you.

ABHINAV SAXENA (self employed)     06 July 2018

Still awaiting for a detailed answer, on understanding the situation and guiding the situation.

ABHINAV SAXENA (self employed)     09 July 2018

Still awaiting for a detailed answer, on understanding the situation and guiding the situation.

Siddharth Jain   09 July 2018

You should consult some local advocate ablut this, along with all the documents. Without seeing the documents, it's very difficult to give concrete advise.

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