Rakesh Kumar v. The Governor, Reserve Bank Of India & ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3505/2016 RAKESH KUMAR ..... Petitioner Through:

Petitioner in person versus THE GOVERNOR, RESERVE BANK OF INDIA & ORS.

..... Respondent Through:

Mr. H.S. Parihar for R-1 Mr. Kavindra Gill for R-2 Mr. Sanjay Lao with ASI Jai Chand for R-3

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 07.12.2016 Crl. M.A. No. 19066/2016 For the reasons stated in the application, the delay in r-filing is condoned. The application stands disposed of.

W.P.(CRL) 3505/2016 The petitioner has preferred the present petition to seek the following substantive reliefs:

a) direct the RBI to take strict possible action as per law of the land to punish axis bank if it found guilty after the inquiry in the present case or any such complaints about violation of guidelines of RBI and the

guidelines of Supreme Court of India by any bank in any part of the country to prevent suicide of thousands of farmers of this country every year.

b) direct the department of financial services, ministry of finance, govt. of India to take strict possible action as per law of the land to punish axis bank if it found guilty after inquiry in the present case or any such complaint about violation of guidelines of RBI and the guidelines of Supreme Court of India by any bank in any part of the country to prevent suicide of thousands of farmers of this country every year c) direct the Commissioner of Police, Delhi to register a case against the respondent bank under relevant sections of IPC and IT Act or any other appropriate act.

The petitioner has preferred the present writ petition with the grievance that he had obtained a credit card from respondent no.4/ Axis Bank. The petitioner claims that in respect of the said credit card account, the said bank has been raising unjustified claims on the premise that amounts are due from the petitioner. According to the petitioner, such claims are not genuine. The credit card of the petitioner, it appears, was blocked by respondent no.4 on account of non payment of its claimed dues. The grievance of the petitioner is that the said bank has been calling him repeatedly on his mobile phone in relation to the dues which is causing harassment to him.

The petitioner, who appears in person, states that such kind of harassment tantamounts to an offence not only on him, but on large number

of farmers of this country who are suffering on account of such harassment and thus leading to commission of suicide by them. It is in this background that the petitioner seeks the aforesaid reliefs. So far as the petitioner's dispute with the bank in relation to the aforesaid dues are concerned, the same is purely a civil dispute and it is open to the petitioner to approach the civil court to raise any such dispute. The petitioners grievance that the repeated calls made by the bank tantamount to an offence can appropriately be raised by him by moving an application u/s 156(3) Cr PC before the concerned Magistrate. The submission that not only the petitioner, but a large number of other consumers of services rendered by respondent no.4 are being harassed including the farmers and that they are committing suicide cannot be addressed in the present petition, since the present is not a public interest petition. The petition is, accordingly, dismissed. Dasti.

VIPIN SANGHI, J DECEMBER 07, 2016 sr