The Calcutta High Court in the case HDFC Bank Limited v. The State of West Bengal and Anr observed and has quashed the criminal proceedings which are registered under Section 392 of the Indian Penal Code, 1860 against the HDFC Bank for taking repossession of the vehicle of the borrower by the financer-HDFC Bank.
The Single judge bench headed by Justice Siddhartha Roy Chowdhury while quashing the criminal proceedings held the financer or the lender took repossession of the vehicle, which being pursuant to the agreement which is executed by and between the parties and it cannot be said that the lender committed offence within the meaning of Indian Penal Code, 1860 with the requisite mens rea and dishonest intention. Therefore, at best the same could be a civil dispute which has been imbibed with the colour of criminality in the case.
It has been informed by the complainant in 2009 that the Officer-in-charge of Domjur Police Station in writing that his wife had purchased one Maruti Wagon R vehicle and it being eight months prior to the date of incident.
In the present case, the vehicle was whisked away by the two persons wherein alleging introduced themselves as the representatives of Maruti Company on 09.11.2009. A case has been registered under Section 392 of Indian Penal Code, 1860 at Domjur police station.
Therefore, HDFC Bank approached the High Court wherein to set aside the criminal proceeding in 2019.
The counsel, Senior Advocate Sandipan Ganguly, appearing for HDFC submitted before the court that the informant did not disclose the fact that his wife purchased the car taking loan from HDFC bank and in terms of the agreement and the borrower failed to pay the instalments.
Further, it has been submitted by him that notice was given to the borrower on 02.11.2019 wherein indicating her failure to act in terms of the agreement and 09.11.2009, the repossession intimation was being given after taking of the vehicle possession to Shibpur Police Station.