Asking for a Loan Back Isn't Abetment of Suicide, Rules Supreme Court.
In a landmark judgement in a case Dhirubhai Nanjibhai Patel Lotwala vs. State of Gujarat & Anr.,the Hon’ble Supreme Court while quashing the criminal proceedings filed by the relatives of debtor who committed suicide, has held that the creditor cannot be held liable for demanding lawful debts from the debtor. The Apex Court ruled that any lawful act for demand of borrowed money by the creditor cannot be a ground for the prosecution against the creditors.
The Case Background
The diseased namely Jayantibhai committed suicide by jumping underneath a Tractor leaving behind a suicide note in which he claimed that he had taken money from 9 people and they had been repeatedly threatening him for repayment including the Appellant. The investigation revealed that there were 40 calls made by the creditor Appellant to the diseased for repayment in last 6 months.
Conclusion
The Hon’ble Supreme Court noted flaws in the case of the prosecution such as there are vague allegations, lack of individual role, no evidence of violence. Finally the Apex court concluded that there is a lawful demand by the creditor asking for their money which is permissible and cannot be said to be a crime. Therefore, there cannot be a criminal prosecution merely for making demand of legitimate amount of dues from the debtor. The Apex Court recorded about the possibility that the deceased may have committed suicide out of depression due to his inability to clear his debt.
Adv. Poyam Swarnkar,
Hawelikar & Associates, Advocates