In a recent ruling, the Calcutta High Court dismissed the criminal proceedings against the debt manager employed by ICICI Bank.
The proceedings were initiated based on allegations of trespass and intimidation when the debt manager visited the home of a credit card holder regarding unresolved payment obligations.
A single judge bench noted that if every Authorised Officer of a bank/institution has to face criminal charges levied by a defaulter, for acting in accordance with law, then it is clearly an abuse of the process of law and such proceeding should not be allowed to continue in the interest of justice
Brief Facts:
The petitioner, employed as a Debt Manager at ICICI Bank Limited, is involved in Complaint Case No. AC-5937 of 2019. The case was registered after the opposite party filed a complaint before the court of the Additional Chief Judicial Magistrate in Alipore, South 24 Parganas. The complaint alleges the commission of various offenses by the petitioner, along with other individuals who are either agency personnel or purported employees of HDFC Bank Limited. The accused individuals are said to have violated Sections 447/448/384/504/509/506/34 of the Indian Penal Code.
Contentions of the Petitioner:
The petitioner contended that after examining the respondent-opposite party's outstanding debts, it was discovered that the respondent had borrowed substantial amounts of money from ICICI Bank but failed to make the necessary payments. As a result, the petitioner claimed to have visited the respondent's residence.
Additionally, the petitioner argued that the criminal complaints filed by the opposite party were unfounded and motivated by ill intent, with the sole purpose of avoiding the responsibility of repaying the outstanding dues.
Observations of the Court:
The Court acknowledged the lack of representation from the opposite party/respondents despite being served with the necessary documents. Due to their absence, the Court examined the details provided in the criminal complaints that were filed by the opposite party, and which the petitioner sought to have dismissed. The Bench noted that besides accusing the petitioner of criminal conspiracy, criminal trespass, and extortion, the complaint made by the opposite party also included specific claims regarding their inability to fulfill their financial obligations.
The court determined that the petitioner, being employed as a debt manager at ICICI Bank, held a position involving interactions with customers who were behind on their payments. Referring to prior judgments by the Supreme Court, it was established that the petitioner was part of a specialized team focused on debt recovery, which received appropriate training in accordance with RBI guidelines to assist banks in the recovery process.
Consequently, it was concluded that the petitioner had acted in compliance with both the RBI's guidelines and the Master Circular on Credit Card Operation. As a result, all ongoing criminal proceedings against the petitioner related to the aforementioned matter were dismissed.
The decision of the Court:
The Calcutta HC allowed the revision application and set aside the complaint against the manager.
Case Title: Tushar Manna v Ananda Sarkar
Coram: Hon’ble Justice Shampa Dutt
Case no: CRR 1072 of 2020
Advocate for the Petitioner: Mr. Dipanjan Dutt
Read Judgment @LatestLaws.com
Picture Source :
