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Calcutta High Court quashes criminal case against bank officials who visited couple to foreclose loan

As per the FIR, the complainant couple had taken a loan for their pharmacy business. However, when they defaulted in paying the Equated Monthly Instalment (EMI), the bank asked them to foreclose the loan. The couple agreed to foreclose the loan and asked the bank officials to visit their house for further formalities.

It was alleged by the complainant couple that the bank officials, after entering their house, started abusing the couple mentally and even physically. One of the officials allegedly tried to outrage the modesty of the complainant’s wife by tearing her shirt. The couple also contended that the officials barged into their house at an odd hour with criminal intent.

The officials were accordingly booked under Sections 341 (wrongful restraint), 447 (criminal trespass), 506 (criminal intimidation), 323 (voluntarily causing hurt), 354 (outraging modesty of a woman), 509 (known person insults a woman’s modesty) and 34 (common intention) of the Indian Penal Code (IPC).

On the other hand, the bank officials 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 the officials, even before they went to their house, only to deter the bank from recovering the loan amount.

Source: Barandbench

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