Telangana High Court
Polepalli Srikant vs Smt.Nandigama Sandhya, on 10 March, 2025
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
CRIMINAL PETITION No.15050 OF 2024
O R D E R:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') by petitioner/accused to quash the proceedings against him in Crime No.1518 of 2023 of Meerpet Police Station, Rachakonda at L.B.Nagar. The offence alleged against petitioner is under Section 306 of Indian Penal Code, 1860 (for short 'IPC').
2. Heard Mr. Amrutha Sanjeeva, learned counsel for the petitioner and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent - State. Perused the material on record.
3. On the basis of complaint, dated 07.11.2023, FIR bearing No.1518 of 2023 was registered at the Meerpet Police Station against the petitioner under Section 306 of IPC.
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4. It is observed from the complaint that complainant is the wife of late N.Mahesh Kumar and that he is a private employee had taken HDFC credit card loan and that three persons came to their house i.e., on 27.10.2023 and 28.10.2023 and were asking for the repayment. It is also observed from the complaint that on 29.10.2023, unable to bear the harassment, her husband consumed "Fotis" pesticide poison, due to which he vomited and subsequently, on 07.11.2023, her husband died. The following details are mentioned in the complaint:
"1) Bajaj Finance - 0446151805, 2) Yes Bank -
02261651111, 3) Phone Banking HDFC - 18001230545, 4) Auto Bot - 0803740118, 5) Cibil Department - 09076037471, 6) Isha Jadhar - 08779156102, 7) HDFC card srinivas - 09381301579, contacts were found."
5. It is contended by learned counsel for petitioner that in the complaint, there is no mention of the name of petitioner. It is further submitted that petitioner was not present at the time of incident nor when he went for collection and he has been falsely framed. 3
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6. Learned Assistant Public Prosecutor submits that investigation is still going on and no interference is necessitated.
7. Heard learned counsels and perused the record.
8. The complainant has specifically stated that three persons came to their house on 27.10.2023 and 28.10.2023 and harassed for the said repayment of loan amount, said to have been taken by her husband.
9. In matters pertaining to recovery of amounts by Banks, the Hon'ble Apex Court in ICICI Bank v. Shanti Devi Sharma and others 1, held as follows:
"A more comprehensive version of these Guidelines was recently released on 24-4-2008. The Guidelines expressly refer to the 5-5-2003 Guidelines at (i)(x) with regard to the methods by which recovery agents collect security interests. In addition, the 24-4-2008 Guidelines further referred Para 6 of "the Code of Bank's Commitment to Customers" (BCSBI Code) pertaining to collection of dues. The BCSBI Code at Para 6, inter alia, provides:
"6. All the members of the staff or any person authorised to represent our Bank in collection or/and security repossession would follow the guidelines set out below:
1. You would be contacted ordinarily at the place of your choice and in the absence of any specified place at the place of your residence and if unavailable at your residence, at the place of business/occupation.1
(2008) 7 SCC 532 4 JAK, J CRLP_15050_2024
2. Identity and authority to represent would be made known to you at the first instance.
3. Your privacy would be respected.
4. Interaction with you would be in a civil manner.
5. Normally our representatives will contact you between 0700 hrs and 1900 hrs, unless the special circumstances of your business b or occupation require otherwise.
6. Your requests to avoid calls at a particular time or at a particular place would be honoured as far as possible.
7. Time and number of calls and contents of conversation would be documented.
8. All assistance would be given to resolve disputes or differences regarding dues in a mutually acceptable and in an orderly manner.
9. During visits to your place for dues collection, decency and decorum would be maintained.
10. Inappropriate occasions such as bereavement in the family or such other calamitous occasions would be avoided for making calls/visits to collect dues."
14. As noted above, this Code as well as others have been incorporated into the 24-4-2008 Guidelines:
"(ix) A reference is invited to (a) Circular DBOD.Leg.
No. BC.104/09.07.007/2002-03 dated May 5, 2003 regarding Guidelines on Fair Practices Code for Lenders;
(b) Circular DBOD.No.BP.40/21.04.158/2006-07 dated November 3, 2006 regarding outsourcing of financial services; and (c) Master Circular DBOD.FSD.BC.17/24.01.011/2007-08 dated July 2, 2007 on credit card operations. Further, a reference is also invited to Para 6 of 'the Code of Bank's Commitment to Customers' f (BCSBI Code) pertaining to collection of dues. Banks are advised to strictly adhere to the guidelines/code mentioned above during the loan recovery process."
15. RBI has expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law. In the letter accompanying its 24-4-2008 Guidelines on engagement of recovery agents, RBI stated:
"In view of the rise in the number of disputes and litigations against banks for engaging recovery agents in the recent past, it is felt that the adverse publicity would result in serious reputational risk for the banking sector as a whole."5
JAK, J CRLP_15050_2024 RBI has taken this issue seriously, as evidenced by the penalty that banks could face if they fail to comply with the guidelines.
16. The relevant portion of the guidelines formulated by RBI is set out as under:
"3. Banks, as principals, are responsible for the actions of their agents. Hence, they should ensure that their agents engaged for recovery of their dues should strictly adhere to the above guidelines and instructions, including the BCSBI Code, while engaged in the process of recovery of dues.
4. Complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks' recovery agents would be viewed seriously. Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban. Similar supervisory action could be attracted when the High Courts or the Supreme Court pass strictures or impose penalties against any bank or its Directors/officers/agents with regard to policy, practice and procedure related to the recovery process.
5. It is expected that banks would, in the normal course ensure that their employees or agents also adhere to the above guidelines during the loan recovery process."
17. We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law."
10. On a perusal of the documents on record, and the complaint, it is observed that the petitioner's name is not reflected in the complaint. The complainant is the wife of the deceased husband. It is apparent that the organization/HDFC has not followed the guidelines as directed by the Apex Court. As the petitioner's name is not 6 JAK, J CRLP_15050_2024 reflected in the complaint and no overt acts being attributed to petitioner, this Court is of the opinion that appearance of petitioner/accused in Crime No.1518 of 2023 of Meerpet Police Station, Rachakonda at L.B.Nagar, can be dispensed with and is dispensed.
11. This Court is not inclined to quash the proceedings as prayed for. Petitioner is directed to cooperate with the investigation being conducted by the Police and appear before the Investigating Officer. Police shall not harass the petitioner/accused.
12. It is made clear that petitioner shall be present before the Investigating Officer, if his presence is necessary for the purpose of investigation. It is also made clear that if he does not present himself before the Investigating Officer, as required, this order shall stand vacated automatically. Any observation made in this order shall not influence the Court while considering or conducting the case at the time of trial.
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13. With the above observations, this Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
____________________________ ANIL KUMAR JUKANTI, J Date: 10.03.2025 plp