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fake rupees in atm

(Querist) 23 January 2014 This query is : Resolved 
I am in banglore, i take 10000 from private bank atm centre there i get 3 fake rupees of 500 , that time i dnt know that ,then i went for shoping there i get to know about this fake notes , i have the money taken reciept from atm ,what can i do by legal way against the bank for this big mistake ,please help me!
Isaac Gabriel (Expert) 23 January 2014
Inform the bank at once and request for re-credting the account.Keep the xerox copies of the fake currencies as you may have to face questions and enquiries by the authorities.
Guest (Expert) 23 January 2014
Keep the withdrawal receipt from ATM safely and enclosing the xerox copy of the same submit a letter to Bank and take acknowledegemet.They would exchange.
Devajyoti Barman (Expert) 23 January 2014
It is very hard to prove that fake currencies were of the said bank.
Guest (Expert) 23 January 2014
It is really happening so many ATMs deliver such currencies.For loading the ATMs they hire private agencies and many cases they were not accompanied by bank staff.
Rajendra K Goyal (Expert) 23 January 2014
Keeping fake currency notes is crime and can be arrested.

Fake notes are being dispensed from ATM's in spite of clear instructions from RBI to the Banks to remain cautious in the matter.

If person approaches police about this, considering it duty of a good citizen, it would be very difficult for him to prove that the particular fake notes were withdrawn from ATM. He would be wasting a lot of time and mental peace in facing police investigation. Everybody knows the negative approach of the police. It may arrest the person itself for keeping such notes.

Even Bank would not accept the fake currency notes withdrawn from the ATM as it would be difficult to prove the fact. However, Bank has to inform Police regarding keeping of fake currency notes.
ajay sethi (Expert) 23 January 2014
agree with experts
Guest (Expert) 23 January 2014
Approaching the Bank might give some relief at least to the level of exchange.
R.K Nanda (Expert) 23 January 2014
nothing to add more.
Sudhir Kumar, Advocate (Expert) 23 January 2014
I will disagree with Mr Gabriel and Mr Narasimha.


I tend to agree with Mr Rajinder Goyal.


Bank officials will never volunteer to be in jail after admitting having fed fake currency in the ATM. They will fight tooth and nail and will prove that they never fed fake currency and probably you got it from else where.

You cannot prove that you got that particular note from ATM.

The available evidence is that you possess fake currency and not destroying it and you can go to Jail
V R SHROFF (Expert) 23 January 2014
Inform bank and ask to replace notes..

Difficult to prove you got it from ATM.
Or withdraw again and claim
V R SHROFF (Expert) 23 January 2014
At least, bank will be ordered to keep list of note numbers feeding ATM.. so that such complain can be verified.
Guest (Expert) 23 January 2014
Well advised by Mr.V.R.Shroff.Dear Mr.Sudhir is there any reason that the A/C holder should simply walk away when ever he is gifted with Fake Notes in ATM.
Isaac Gabriel (Expert) 23 January 2014
What else could a hapless customer do when a fake note is drawn from the ATM.If at all it is supplied at counter,it could be found out and rejected.Experts please try to find a way out to face such incidents.Expert Sudhir please tell us your response if you are blessed with such situation?Your opinion frightends everybody not to use the ATM and take chance of complaints of possession of fake notes leading to imprisonment for not destroying it.This is my humble request.
Rajendra K Goyal (Expert) 23 January 2014
Respected Expert Isaac Gabriel Sir,

This is a fact any person having fake currency notes can lend in jail. If Bank people are pressed hard, they would inform police about these fake currency notes and putting him in endless troubles. It may be possible that the Bank has received such notes and were unable to find its keenness, but how and who is having proof.

As per RBI guidelines if fake note is found in any Bank remittance, FIR could be lodged against the Manager of the Bank / Branch. Every one know, including RBI that any manager of Branch is not directly connected with receiving of the notes. But instructions are instructions and everybody knows the procedure how the police investigate in such cases.

There are large no. of person in jail who are there only because they could not prove their innocence before the court with concrete evidences of their innocence.

We have to live in the existing system till it is changed.

Police did not lodge FIR on the request of a minister about an alleged crime but took no time in lodging FIR against that minister.(recent Delhi AAP event)

Again sir, we have to live with the system till it is changed.
Guest (Expert) 23 January 2014
Dear Querist ,When ever you receive any fake notes in ATM go and meet the particular Branch Manager immediately with the proof of with drawel and they are bound to help you.If at all they refuse directly go and meet the Regional Manager in Regional Office and file a written complaint enclosing the note and take acknowledgement.In this level it self the matter should be solved.
T. Kalaiselvan, Advocate (Expert) 23 January 2014
I agree with the expert opinion of Mr. Rajendra K goyal on the subject. Unlesss the entire system undergoes a radical change, the innocent will continue to suffer.
Guest (Expert) 23 January 2014
Why the innocent should suffer I do not understand. When you receive fake currency complain to the bank.They are responsible.EXPERTS
Guest (Expert) 23 January 2014
I remember in forum Mr.T.Kalai Selvan discussing about some INNOCENT POLICE>Will they not help
V R SHROFF (Expert) 23 January 2014
There is a multi million crore racket going on in India , and few small persons cannot do anything. IT NEED MASS SUPPORT, and persons sitting on top are beneficiary of such hundreds of sca,s, and they are depositing thousands of creores in swiss bank out of this duplicate notes and other scams. WHO WILL BELL THE CAT??
no one is punished!! , despite proved in court!! hundreds of names, who are in jail>> whose family came on road?? who suffered??? Only honest Indian poor citizen sufer.
Indian hard working citizen deserves treatment o 10 times of oreigner's facility, But In India, no socila security, no jb guarantee, ONLY PUNISHMENT FOR FALSE CURRENCY NOTE, without printing himself...
Guest (Expert) 24 January 2014
Mr.V.R Shroff ji Please do not mistake me.We are earning and saving for what.For our children and grand children and for their better life.Whether they are going to remember us or not that is immaterial for us.When we are particular of saving money and gold for them What is the use if we do not provide a good society for them.When we our selves get scared just because we receive fake currency from ATM what is that we are providing for next generation.
Sudhir Kumar, Advocate (Expert) 24 January 2014
There is no scope to mistake the feelings of Mr Gabriel and Mr Narasimha. They are correct in their feeling.


But unfortunately (as also commented by Mr Goyal)we are living in a system.


When this person declares that he has a fake currency and not able to prove that he got this currency from "X" ATM of "Y" bank then how does he prove that he is not part of a racket and trying to impose fake currency on a bank. Police is likely to seek his custodial remand to know the source of this particular currency (I AM TALKING OF INDIAN POLICE)


For proving his innosence (WHETHER HE SUCCEEDS OR NOT) he has to spent much more currency which is his hard earned and not fake plus time, reputation (of entire family) and even career.


My question is that how does he prove that ATM gave him this particular note No xxxxxxxxxxxx for Rs. yyyy.


One has to read history when Mohd Tuglag replaced gold coins with copper coins and citizens started melting their copper utensil to fake coins and royal treasure became full of fake coins received in revenue.
Isaac Gabriel (Expert) 24 January 2014
Since ATM concept is largly used to draw money from the bank accounts, ways and means should be devised to protect the customers from getting fake currencies from it.If we begin to curse the fate of the customers,the culprits may expand the modus operandi to earn quick money at the cost of the depositors.LCI should take the initiative in this regrd.
ABDUL RAZIQUE (Expert) 24 January 2014
India is now travelling in dark lane and the learned citizens are completely silent knowing all the facts of daily life, they are so weak as apiece of glass. In this situation a revolt like French revolution or China revolution can provide justice to Indian citizen. There is time less or energy less discussion regarding the burning topics of Indian society.
I appreciate R.K.Goyel Sir and V.R.Shroff sir.
Nothing more to add.
Sudhir Kumar, Advocate (Expert) 25 January 2014
LCI is no forum to change the system. This forum is doing the job of understanding the system and elaborating the samem to querists.
Guest (Expert) 25 January 2014
Dear Querist when you receive Fake notes in ATM complain to the particular Branch Manager or Regional Manager and get it exchanged,When it is your hard earned money you have to fight for your right.
Sudhir Kumar, Advocate (Expert) 25 January 2014
OK try your luck
Guest (Expert) 26 January 2014
Now I do expect Expert Mr.R.K.Nanda's Reply once again here please.
Advocate. Arunagiri (Expert) 26 January 2014
I am also agreeing with Mr. Rajendra K goyal on the subject.

Practically it is too difficult to prove the case. It will be case of holding the tail of the tiger.

Dr J C Vashista (Expert) 27 January 2014
I agree with the expert opinion of Mr. Rajendra K Goyal and Arunagiri on the subject


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