In this post we’ll read about that demanding outstanding loan amount from defaulter cannot be construed as abetment to suicide from the part of recovery agents working in the financial institutions.

Loan -recovery calls not abetment to suicide: HC

In this post we’ll read about that demanding outstanding loan amount from defaulter cannot be construed as abetment to suicide from the part of recovery agents working in the financial institutions.

Loan repayment demand not Abetment to Suicide:High Court
Loan repayment demand not Abetment to Suicide:High Court

Facts:

A police complaint was lodged in Washim against a Pune youth under section 306 for abetment of suicide. The petitioner worked in Mahindra financial service limited and the deceased took loan from financial service Ltd. to buy a new vehicle. A loan of 6.2 lacs was sanctioned and the deceased was supposed to pay it in 4 years in monthly instalments of Rs 17,800. As the borrower to failed to repay amount in given period of time, petitioner Rohit Nalwade started calling chouhan on his mobile number demanding repayment. Subsequently, chouhan committed suicide and blamed the petitioner for harassment in a suicide note. The deceased’s family lodged an FIR with shripur police station after which the petitioner was booked for abetment of suicide.

ALSO READ- ACQUITTAL IN ABETMENT OF SUICIDE CASE AGAINST HUSBAND

Legal standpoint-:

Abetment involves the mental process of instigating or intentionally aiding a person in doing a thing. Under IPC 306 Abetment of suicide. —If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

In this particular case the petitioner was only doing his duty and informing the deceased about his debts that he owes to Mahindra Financial Service Ltd. and there was no such act on accused part in aiding or abetting the deceased to end his life, such persons cant be compelled to face trials or allegations in aforesaid case. It is clearly not viable to blame the person who was merely on his duty of doing what he did. It doesn’t amount to any intention to abet the borrower to end his life.

In the said case the petitioner’s counsel NB Kalwaghe quoted previous HC verdicts and contended that the prosecution should Prima Facie establish that the accused had an intention to aid and instigate or abet the loanee to end his life.

High court observed that the allegations are only to the effect that the petitioner demanded the outstanding loan amount from the borrower and doing so was part of his duty as an employee of a finance company.

ALSO READ- CASE OF A FORGED SUICIDE NOTE IN INDIA

Legal opinion-:

In this case there was no instigation on the part of said petitioner who had to face the allegation from the deceased’s family who lodged FIR on the basis of the note that was left by the deceased after committing suicide. The note clearly stated that the calls from the petitioner was bothering the deceased and the failed attempt on his part to pay the wholesome amount accelerated the disruption of the mental peace of the deceased and he ended his life. But the fact that the petitioner was the mere employee of the finance company and was under the obligation to perform the duty of informing the residue outstanding amount that was left to be paid and was supposed to be paid in 4 years in monthly instalments. He no where had intentions to instigate or provoke the deceased to commit suicide or to mentally harass in any form. The HC considered calling off the police complaint that was filed against the petitioned and adamantly cleared that the loan recovery calls cannot be as abetment to suicide. This verdict brought relief to thousands of recovery agents working with banks and financial institutions. Recovery agents were often held responsible when the defaulters for the non-payment of the amount of loan ended their lives. But this verdict brought ease to them by not leaving at the bay of the allegation made against them.

ALSO READ- LOAN REPAY DEMAND BY OFFICIAL IS NOT ABETMENT TO SUICIDE: HC

This post is written by Prerana Yadav

For case specific advice on criminal matters related to Police Complaint on Abetment to suicide, one may contact top/best expert Graft Lawyers in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar Mullanpur Baltana.

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