Calcutta High Court Quashes Trespass Charges Against Bank's Debt Manager, Says Visit To Defaulter's House Was In Due Course Of Official Duty
1 year, 8 months ago

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 Law  

The 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.

History of this topic

Bombay High Court slams banks casual take on declaring accounts fraud, asks Anil Ambani to approach RBI
3 weeks, 2 days ago
Calcutta High Court dismisses case against man accused of mocking Mamata Banerjee
3 weeks, 4 days ago
Calcutta High Court Quashes Case Against Man Accused Of 'Mocking' CM Mamata Banerjee, Other Leaders On YouTube
3 weeks, 4 days ago
Police Can't Threaten Persons To Settle Disputes: Gujarat HC Says Orally; Flags Unwarranted Indulgence In Property, Money Recovery Matters
1 month, 2 weeks ago
Calcutta High Court to ‘supervise’ framing of charges in R.G. Kar financial irregularities case
1 month, 2 weeks ago
Payment Of Back Wages Not An Automatic Consequence Of Unlawful Dismissal: Calcutta High Court
2 months, 1 week ago
Bombay High Court Reprimands Bank For Denying Employee's Request To Reverse Promotion To Care For Visually Impaired Child, Imposes ₹25K Cost
2 months, 2 weeks ago
Bombay High Court Reprimands Bank For Denying Employee's Request To Reverse Promotion To Care For Visually Impaired Child, Imposes ₹25K Cost
2 months, 2 weeks ago
Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
3 months ago
Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Filing Contempt Plea Against CCI To Stall Authority's Ongoing Investigation Against It
3 months ago
Shocked that someone was assaulted at Delhi CM’s house: Supreme Court
7 months, 3 weeks ago
Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream
8 months, 3 weeks ago
Bank Cannot Be Held Responsible For Illegal Activities Conducted By Borrower In Mortgaged Premises: Supreme Court
1 year, 1 month ago
Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination
1 year, 6 months ago
Calcutta High Court Denies Relief To Bank Manager Demoted For ‘Undue Favours’ To Borrowers, Applies Wednesbury Test Of Reasonableness
1 year, 6 months ago
Calcutta High Court Weekly Round-Up: August 14 - August 20 , 2023
1 year, 7 months ago
Employee’s Transfer Based On Organisation’s Policy Does Not Amount To Criminal Intimidation/ Conspiracy Under IPC: Calcutta High Court
1 year, 7 months ago
Economic offences are a modern threat to development of the country: Madras High Court
1 year, 9 months ago
Inability To Pay Portion Of Owed Money Can’t Lead To Criminal Prosecution Unless Fraudulent Intention Shown Right From Beginning: Calcutta High Court
1 year, 10 months ago
You Are Not Above Law, What Is Troubling You? Whether You Are Involved Or Not, Let Probe Agency Decide: Calcutta High Court To Abhishek Banerjee
1 year, 10 months ago
Calcutta High Court Criticizes The Approach Of Finance And Banking Companies Unilaterally Appointing The Arbitrator; Refuses To Enforce ‘Unilateral Appointment Award’
2 years ago
Calcutta High Court Quashes Robbery Case Against HDFC Bank For Taking Repossession Of Loan Defaulter's Vehicle
2 years, 1 month ago
PMLA | Grant Of Bail To Person Appearing In Response To Court Summons Can't Be Interfered With In Absence Of 'Supervening Circumstances': Calcutta HC
2 years, 2 months ago
Right To Travel Abroad For Livelihood: Calcutta High Court Stays LOC Against Company Director For Loan Default
2 years, 9 months ago
'Lawyer Not Criminally Liable For Improper Legal Advice': Calcutta High Court Quashes Criminal Proceedings Against Lawyer
2 years, 10 months ago
Calcutta High Court Quashes Penalty Imposed By Customs Dept. Without Enquiry & Adjudication
3 years ago
Summons Cannot Be Issued To An Accused U
3 years, 1 month ago
No Provision To Punish Creditors Filing False Claims Under IBC: Delhi High Court Issues Notice To IBBI, MCA
3 years, 2 months ago
'Orchestrated Attempt To Frustrate Justice & Stop CBI From Discharging Its Functions': SG Tushar Mehta Tells Calcutta High Court in Narada Scam Case
3 years, 10 months ago
RBI Is 'State' Under Article 12; Private Banks Discharging Public Functions Amenable To Writ Jurisdiction: Calcutta High Court
4 years ago
'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act
4 years, 2 months ago
'Economic Situation Uncertain Owing To COVID-19' : Calcutta HC Restrains Bank From Declaring Borrower As 'Wilful Defaulter'
4 years, 8 months ago
‘Kochhar’s plea needs judicial intervention’
5 years ago
Mallya case: ED arguments over on plea to seize assets
5 years, 3 months ago
No HC relief to Vijay Mallya on proceedings for seizure of assets
5 years, 8 months ago
Trespass: No Charge U/S 447 IPC Could Be Framed If Complainant Has No Possession Of The Property: Delhi HC [Read Judgment]
5 years, 9 months ago
Calcutta High Court tells Bengal police to cooperate in CBI investigation against Rajeev Kumar, adjourns hearing till Thursday
6 years, 1 month ago
Calcutta HC Stays Criminal Proceedings Against Police Constable For 8 Weeks To Enable Him File Writ Petition In SC Without Fear Of Arrest [Read Order]
6 years, 4 months ago
Vijay Mallya declared proclaimed offender by Delhi court
7 years, 2 months ago
Delhi court initiates process of declaring Vijay Mallya a proclaimed offender
7 years, 4 months ago
Karnataka HC issues warrant against Mallya in contempt case
8 years, 1 month ago
Vijay Mallya issued another non-bailable warrant, Delhi court feels he has no plan to return
8 years, 4 months ago
HC Action Against Contempt Of Subordinate Court, Only By Reference Or By AG’s Motion: SC [Read Judgment]
8 years, 5 months ago
Delhi HC asks Vijay Mallya to appear before trial court
8 years, 7 months ago
Prosecution against an Economic Offender can continue even if he settles the amount with the bank: SC [Read the Judgment]
9 years, 6 months ago

Discover Related