Bombay High Court Order Quashing Fir Against Recovery Agent Challenged In SC

(Judicial Quest News Network)

Arising out of the final judgement and order dated 17-12-2020 passed by the High Court of Judicature at Bombay, Nagpur Bench in which the court had ordered to quash the FIR registered against a recovery agent a SLP has been filed in Supreme Court.

The High Court quashed the FIR at premature stage without allowing the investigation conducted.

It is further submitted that the principles laid down in various judgements by this court for exercising the jurisdiction under 482 Cr.p.c by the High Court speaks that the power conferred under 482 Cr.p.c shall be used very sparingly and cautiously, these principles were not followed by the High Court while passing the impugned Judgement.

The petitioner contended that the diseased that was already under the financial turmoil due to situational misfortune was persistently harassed by the respondent with verbal threat and abuse for the recovery of the financial amount which was taken by the deceased to meet his personal financial obligations.

The petitioner Jamuna Pramod Chavan, widow of the deceased Pramod Chavan, stated tht her husband had taken a loan from one RohitNalawade and due to non-repayment of the money, he committed suicide.

The SLP was filed by lawyer Vishal Tiwari and AOR Abhigaya Kushwa Sen

The plea stated that the present SLP was filed by the wife of the deceased, Jamuna Pamuna Pramod Chavan who was compelled and was mentally harassed by the recovery agent by going out of the law and rule which led to the commission of suicide.

She further submitted that she was not made a party before Bombay High Court and hence was deprived of the “Right to be heard.”

Rohit Nalawade is the respondent and accused and recovery agent in the case.

The respondent who was working as an employee of the financial company did not heed the request of the deceased and persistently harassed the deceased through mental cruelty