• Defamation case on basis of forced apology letter.

I am from jamshedpur and working in jamshedpur but for some company works I visited Jaipur Rajasthan to talk with one of our service provider company whose name is Crowdfinch Cybernetics pvt ltd. When i started talk on some issues we are facing due to them and asked for money refund suddenly their director came and started abusing me on allegation that i have given review to their client that there's shortage of staff in this company. which i accept true one of his client continuously asked me about them and i told them the truth (Shortage of staff excuse itself given by company to us for bad services at some day's ago). But company director with his two staff started threaten me and detained me in his office. I wished to complaint police but They snatched my phone, laptop and forced me to write apology letter on white paper and taken my thumb impression on it. After talking my apology letter they leaved me and also because some other clients also came their office. I informed my company about this incident and asked permission to file police complaint but company said opposite party is local and reach, So police complain may not benefit me and also I am alone there so I should first place myself safe. There is cctv camera in their office if anyone will watch the footage of this incident they can believe that what I am saying is absolutely correct.After 2 day's they mailed us that they are going to send legal notice for defamation of company.
Asked 7 years ago in Business Law

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8 Answers

Your defence will be that the letter which they obtained from you, was obtained by coercion. You need to appoint an expirenced Advocate with integrity to defend yourself. I'm ready to defend you in court. Kindly seek appointment with me

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Hello,

 

send a counter legal notice to them at the earliest.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

See in your case it would be better that you file an police complaint for illegal restraint, intimidation, threat abuse. 

Further if any such legal notice is received reply by stating true facts and further disputing the paper that with force thumb impression was taken otherwise a person capable of signing wont put the thumb.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

I can understand your feelings, You can file a complaint under S. 499 with the police. Since it’s a non-cognizable offence, the police would need approval from the magistrate to take any action.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hi, defamation shall hold no grounds untill and unless they establish the allegations made by you to be false ..It is also advisable to register a FIR against the company officials 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

truth is best defence in defamation case 

 

2) you have not malinger their reputation 

 

3) in event any legal notice is issued engage local lawyer and submit your reply to legal notice 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

You can still file your Complaint explaining the reason for delay. You should not ignore such incidents. Defamation can't stand against you

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

If your own company is not supporting your cause you may not be able to successfully lodge the complaint.

You should have lodged a complaint without seeking your company's advise, but now any such complaint may be an after thought because they have issue a legal notice.

You remain silent  watching the developments, if there is any adverse development you can very well challenge the same on merits.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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