A Nagpur Bench of Justices VM Deshpande and AS Kilor of Bombay High Court has quashed an FIR against a finance company employee, charged with abetment to suicide for demanding outstanding loan from a defaulting borrower and said that it cannot be considered to have the intention to abet the commission of suicide of the borrower.
The Court thus observed in this loan repayment case, “The demand of outstanding loan amount from the person who was in default in payment of loan amount, during the course of employment as a duty, at any stretch of imagination cannot be said to be any intention to aid or to instigate or to abet the deceased to commit the suicide.”
The loan by the deceased was taken from Mahindra and Mahindra Financial Service Ltd for purchase of a new vehicle. He agreed to re-pay in four years in monthly installments. He wrote a suicide note which was recovered by the investigating officer, indicated the involvement of Nalawade for loan repayment (Finance company official) in the crime.
There were evidence that the deceased was being harassed by Nalawade for Loan repayment , the investigation officer claimed.
The offence of abetment to suicide had been registered after the inquiry into loan repayment case.
The bench in a recent order said, “The allegations are only to the effect that the applicant (Nalawade) demanded outstanding loan amount from the deceased which was the part of his duty being employee of the finance company.”
“In view of that, the demand of outstanding loan amount from the person who was in default of payment of loan amount, during the course of employment as a duty, at any stretch of imagination cannot be said to be any intention to aid or to instigate or to abet the deceased to commit suicide,” it said.
Averments by Defense
The prosecution failed to establish prima facie that Nalawade had an intention to aid or instigate or abet the deceased to commit suicide, the Advocate NB Kalwage appearing for Nalawade submitted.
The allegations against Nalawade are only that he was demanding repayment of outstanding loan, thus does not amount to his intention to abet commission of suicide.
MJ Khan, the Additional Public Prosecutor opposed the application submitting that the investigation revealed the deceased was under tremendous mental pressure for loan repayment and only because of the demand of outstanding loan which eventually led to him committing suicide.
The Court concluded that the allegations are only to the effect that Nalawade demanded outstanding loan amount from the deceased which was part of his duty being an employee of the company.
