
Calcutta High Court Quashes Trespass Charges Against Bank's Debt Manager, Says Visit To Defaulter's House Was In Due Course Of Official Duty
Live LawThe Calcutta High Court recently quashed the criminal proceedings for trespass and intimidation initiated against ICICI Bank's debt manager who had visited the house of a credit card holder in connection with pending dues. A single-judge bench of Justice Shampa Dutt held, “The petitioner being the Debt Manager of the bank's separate wing, with appropriate training as per RBI guidelines to facilitate the bank in its recovery process, allegedly went to the house of the complainant on 17.12.2019 at 2 pm to recover the bank's dues. If every Authorised Officer of a bank/institution has to face criminal charges levelled 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.” It was argued by the petitioner that upon inspection of the respondent-opposite party’s dues, it was found that he had borrowed huge sums of money from ICICI Bank but he neglected to make payments towards dues. The statement of account annexed shows the complainant has used the card at various kinds of outlets, including hotel/resort etc.” Accordingly, it was held that since the petitioner was employed as a debt manager for ICICI Bank, his role would have entailed engaging with ‘delinquent customers’ for the recovery of dues, and that according to previous Supreme Court judgments, he would have been part of a ‘separate wing’, wherein appropriate training would be given according to RBI guidelines to aid in the recovery process for banks.
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