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Demanding outstanding loan amount from the deceased, which was a part of duty being employee of the Finance Company, cannot be termed as abetment to suicide - Bombay HC   Jan 06, 2021

Demanding outstanding loan amount from the deceased, which was a part of duty being employee of the Finance Company, cannot be termed as abetment to suicide. 


In this s case the borrower had defaulted on his EMIs and the follow ups made by an Officee of the Finance Company was stated as harassment in the suicide note. Thr police registered an FIR 


While quashing the FIR, the Bombay HC held that:

"13. On the aforesaid touchstone, if we consider the facts of the present case, admittedly, the allegations are only to the effect that the applicant 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 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."



Copy of the judgement is attached   


 

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