The Calcutta High Court recently quashed a criminal case lodged against officials of IDFC Bank who were charged with criminal intimidation and outraging modesty while recovering a loan taken by a couple. The case was filed by Tanisha Chanda against the bank officials.
Justice Shampa Dutt (Paul) observed that officials of an institution cannot be made to face criminal charges for acting in accordance with the law. The judge stated that if authorized officers of a bank or institution have to face criminal charges for acting in accordance with the law, it would be an abuse of the process of law and such proceedings should not be allowed to continue in the interest of justice.
The Court quashed the First Information Report (FIR) and consequent proceedings initiated against the bank officials. The complainant couple had taken a loan for their pharmacy business but defaulted on the Equated Monthly Installment (EMI). The bank asked them to foreclose the loan, and the couple agreed to do so. They asked the bank officials to visit their house for further formalities. The couple alleged that the officials abused them mentally and physically, with one of the officials even trying to outrage the modesty of the complainant’s wife by tearing her shirt. The couple also claimed that the officials barged into their house at an odd hour with criminal intent.
The bank officials, on the other hand, contended that when they reached the couple’s house, the couple started using foul language against them. The officials alleged that the couple had already lodged another case against them, even before they went to their house, in an attempt to deter the bank from recovering the loan amount.
The Court held that the bank officials were simply doing their job and that the time at which they visited the complainant’s house was appropriate. The judge noted that the petitioners did not intend to act unlawfully and that the outstanding dues of the complainant were admitted. Therefore, the conduct of the bank officials was in the due course of their official duty. The judge further stated that none of the ingredients required to constitute the alleged offenses against the bank officials were applicable, as they acted in accordance with the law in their official capacity.
