Forged signature of power of attorney
anupam sharma
(Querist) 14 May 2013
This query is : Resolved
A suit for recovery is filed by eight employess for recovery of salary . One of the plantiff-employee had received the salary and on the power of attorney her signatures were forged. She gave a duly attested affidavit to court that the power of attorney was not signed by her and that she had already received her salary. On the next date she came in person in Court to withdraw the power of attorney on her behalf and the court allowed her plea and gave permission to withdrew her power of attorney. Can she withdraw her power of attorney when she did not sign it in the first place coupled with fact of affidavit of her signatures being forged on power of attorney. What action can be taken against her or remaining plaintiffs what is remedy for defendant in this regard
ajay sethi
(Expert) 14 May 2013
she has stated on oath her signature was forged on POA and that she has received her salary . she is not claiming her salary again . no action can be taken against her .
Raj Kumar Makkad
(Expert) 14 May 2013
Withdrawal of power of attorney even though she refused earlier having her signature do prove that her either of the Statements is wrong hence the same is a prejury. The other plaintiffs cannot be questioned at this stage.
Dr J C Vashista
(Expert) 14 May 2013
The case invites prejury. However, on acceptance of withdrawal of PAO by the Court, nothing remained there in the case, as regards to the plaintiff.
anupam sharma
(Querist) 15 May 2013
thank you all. can an application U/s 340 Crpc be filed for purposes of inquiry into forged signatures
Raj Kumar Makkad
(Expert) 17 May 2013
Most welcome from your side. There are many judgments wherein the prejury complaint can be filed even after the withdrawal or disposal of the suit.
