At Best It Could Be Civil Dispute Which Has Been Imbibed With Colour Of Criminality: Calcutta HC Quashes Proceedings U/s. 482 CrPC Against HDFC Bank
The Calcutta High Court allowed an application by the HDFC Bank under Section 482 of the Criminal Procedure Code which challenged the proceedings involving allegations of theft and assault, pending before the Additional Chief Judicial Magistrate. The case was registered under Sections 392/323/506(II)/120B of the Indian Penal Code.
A Bench of Justice Siddhartha Roy Chowdhury held that, “the lender or financer took repossession of the vehicle, pursuant to the agreement executed by and between the parties, it cannot be said that the lender committed offence within the meaning of Penal Code with the requisite mens rea and dishonest intention. At best it could be a civil dispute which has been imbibed with the colour of criminality.”
The complainant (opposite party 2) stated that he had purchased a TATA Indica Car with a loan from HDFC Bank. Due to financial difficulties, some of his cheques bounced, and the bank assured cooperation. Later, he received a call from an individual who requested a meeting. The complainant sent his driver to pick him up but he along with others, forcibly entered the car, assaulted the driver, and fled with the car and cash. Further on, the complainant received a letter from the bank admitting the factum of taking possession of the car of the complainant.
Advocate Debasish Roy appeared for the Petitioners, Advocate Jayanta Narayan Chatterjee appeared for the Opposite party 2 and Advocate B.K. Panda appeared for the State.
The petitioner’s lawyer argued that there is no criminal offense in this case, as the bank had the right to repossess the vehicle under the hire-purchase agreement. The opposing lawyer contended that the bank's actions were unlawful and deceitful. The State's lawyer presented evidence from the case diary, indicating that the bank informed the police about the repossession.
The Court concluded that since the lender repossessed the vehicle according to the agreement, it does not constitute a criminal offense. It is more of a civil dispute given a criminal tone.
Therefore, the Court allowed the application and quashed the proceedings.
Cause Title: HDFC Bank Limited & Anr. v. The State of West Bengal & Anr.
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