Forgery
Gurjit Singh
(Querist) 22 April 2013
This query is : Resolved
I suspect my employee given me a forged false work reference.
How can I check that those employees were employed and paid by that organisation.
ajay sethi
(Expert) 22 April 2013
there are number of organisations who do discreet back ground check on employees . verify the certifcates . work experience . contact them
Gurjit Singh
(Querist) 23 April 2013
Thanks for the reply Gentleman. Let me explain the complexity of issue.
Employee worked for me between 2006-2008
They were sponsored on 457 visa through my company lawyer..
We have no jurisdiction to check the authenticity of documents and consulate did not do so as well
He ceased working with us in 2008.
Now he conspired with another ex employee and conspiracy has its roots in India. The conspiracy is to blackmail and extort money as they were at the end of visa period.
In order to get criminal justice stay visa the requirement is Victim Statement. And they provided their victim statement stating I recruited them against their will and working condition in our restaurant are way bad as compared to India workplace.
Now these allegation have to follow full test in court of law in Australia.
But I am now determined to bring truth out from start of this process to the end of it.
For this purpose I am looking to present this to people who are legal expert and discuss.
The objective of this case is not just police complaint because that will be difficult considering the way system works. But if somebody can help in India to lodge fir than please advice otherwise I was planning to do it by courts direction to police so that police investigation can be examined.
prabhakar singh
(Expert) 23 April 2013
No lawyer,i expect,would like to be party for or on your behalf to lodge FIR in Police.
i do not think it to be my business as a professional.
see how other opines.
Raj Kumar Makkad
(Expert) 23 April 2013
No expert can opine other than opined by Mr. Singh. FIR is to be lodged by sufferer in person or any other person other than a lawyer.
Gurjit Singh
(Querist) 23 April 2013
I can completely understand the dilemna of being party to FIR. However Can we lodge some court appeal which can pass order if court thinks there is a prima facie case of forgery with intent to cheat etc.....
I am sure there will be a solution. Alternatively email me your phone number if you think there is legal remedy for this. You can email it to me at gurjit1@yahoo.com.au
Raj Kumar Makkad
(Expert) 23 April 2013
If a complaint under the provision of section 200 Criminal Procedure is filed before local magistrate with another application under section 156 (3) of the same act then definitely such complaint can be sent to the concerned police station to lodge FIR and thus your problem can be got solved.
Gurjit Singh
(Querist) 23 April 2013
Ok Thanks....
Any Body please let me know:
Does it has to be in local magistrate court where the residence of that person is ?
Gurjit
ajay sethi
(Expert) 23 April 2013
you are the complainant . the forged work refernce was given to you . file acomplaint wherein offence was committed . it would be within jurisdiction of court wherein your office is situated
Raj Kumar Makkad
(Expert) 23 April 2013
The documents were prepared in India so the place wherein such documents were prepared has also jurisdiction to try and decide the complaint.
