Category Archives: High Court

What will u do if Banker says that some of currency not deposited by u are fake and he will have to call police?

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To keep fake currency notes or to try to circulate them are serious offenses punishable with life Imprisonment.

But suppose you get bundles of cash payment from a customer. You send some one to deposit them in Bank.

There banker finds that some of the currency notes are fake and he tells you that he will have to call police.

Then what will you say?

Initially, some such cases happened and police cases were registered.

But I think thereafter, some circulars were issued to Banks regarding what to do in such isolated cases.

Bank need not call police. It can destroy fake currency notes with consent of customer.

Matter ends there.

But if customer opposes destruction of fake notes or if quantity of fake note is high, the police may have to be informed.

I have seen a case were a customer put some notes in a cover and cover was dropped in ATM Box. When Bank contacted customer and told him that some of his notes were fake, he denied. So police case was registered against him for depositing fake notes in ATM machine.

Customer can use same method. If fake currency notes comes out from machine, he should contact Bank and ask bank’s consent for destroying it and giving him fresh true notes.

If Bank denies that, then police case against Bank, Bank Manager can be filed for attempt circulate fake notes through ATM machines.

The police will have to investigate. But you should have some kind of proof to show that these fake notes were part of money you had obtained from ATM and you complained at earliest.

How small people get embroiled in such legal troubles

Mostly because of ignorance and little ego.

Suppose, you paid some money to X.

Next day this man comes back and says that one of note you gave was fake. When he went to deposit it in Bank, bank has destroyed it. Now he is asking same amount from you.

You are surprised and shocked. You say you never gave any fake note.
And anyway he should have checked before accepting amount from you… You get into denial mode. This escalates dispute.

This leaves a bitter taste in mouth of that person. He files a police case and trouble gets enlarged into a case and trial.

On the other hand if practical approach was made to solve the grievances, the matter could have been over with little loss.

Haresh Raichura
1/3/2013

Guidelines to be kept in mind while filing a Public Interest Litigation or writ in High Court or Supreme Court

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Time to time, Supreme Court as well as various High Courts have summarized Guidelines for filing public interest litigation, petitions.

In one judgement of Hon’ble Gujarat High Court, these guidelines are summarized as under:

The Courts may ordinarily allow PIL if :-

i. That the impugned action is violative of any of the rights enshrined in Part III of the Constitution of India and relief is sought for its enforcement;

ii. That the action complained of is palpably illegal or mala fide and affects the group of persons who are not in a position to protect their own interest on account of poverty, incapacity or ignorance;

iii. That the person or a group of persons were approaching the Court in public interest for redressal of public injury arising from the breach of public duty or from violation of some provision of the Constitutional law;

iv. That such person or group of persons is not a busybody of meddlesome interloper and have not approached with mala fide intention of vindicating their personal vengeance or grievance;

v. That the process of public interest litigation was not being abused by politicians or other busybodies for political or unrelated objective. Every default on the part of the State or Public Authority being not justiciable in such litigation;

vi. That the litigation initiated in public interest was such that if not remedied or prevented would weaken the faith of the common man in the institution of the judiciary and the democratic set up of the country;

vii. That the State action was being tried to be covered under the carpet and intended to be thrown out on technicalities;

viii. Public interest litigation may be initiated either upon a petition filed or on the basis of a letter or other information received but upon satisfaction that the information laid before the Court was of such a nature which required examination;

ix. That the person approaching the Court has come with clean hands, clean heart and clean objectives;

x. That before taking any action in public interest the Court must be satisfied that its forum was not being misused by any unscrupulous litigant, politicians, busybody or persons or groups with mala fide objective of either for vindication of their personal grievance or by resorting to blackmailing or considerations extraneous to public interest.

A person who wants to file a PIL in any court must reflect on these before preparing his PIL.

Haresh Raichura
28/2/2013