Defaulter suicide not recovery agent's fault: Bombay High Court

Bank recovery agents, who keep calling defaulters for payment, can heave a sigh of relief as the Bombay High Court has ruled that they will not be held responsible if a defaulter attempts or commits suicide.

The ruling came on Tuesday when the court discharged a private bank employee, charged for abetting the attempt to commit suicide by a person, who had defaulted on his credit card payment.

Justice Prakash D Naik allowed the petition filed by one A R Satish, who worked for Citibank, said "I do not think there was any evidence, even, prima facie, to proceed against the applicant for the alleged offences."

Satish was charged under section 306 and 511 of India Penal Code, by Kalamboli police.

It was acting on a by one Shankar Pandian Subayya Dever. He has now been discharged of both charges.

Dever alleged that he had used his credit card for some purchases, and when he defaulted on the payment, Satish began calling him. He said the constant harassment caused so much mental pressure that he lost sleep. He said Satish even threatened to trace him out and 'pick him up' from his home, if the arrears were not paid.

Dever visited a doctor on 8 October, 2007, who prescribed sleeping tablets. That very night, he took a large dose of the medication and tried to end his life.

The court, relying on Supreme Court judgments, said "It cannot be said that there is any abetment to commit the alleged crime or any attempt to do so. The attempt is by the victim and it was not an attempt in any manner by the accused. Thus petition deserves to be allowed."