JUDGMENT

This revision coming on for order this day, the court passed the following:

1. This criminal revision u/S 397 r/W 401 of Cr.P.C. has been preferred against the order dated 23.03.2021, passed by the Court of Additional Sessions Judge, Nagda Distt. Ujjain, whereby petitioner's application filed u/S 227 of Cr.P.C. for discharging him from the charges u/S 306 r/W 34 of IPC and also u/S 3/4 of M.P. Protection of Debtors Act, 1937 (the Act of 1937 hereinafter) was rejected.

2. Brief facts giving rise to the present petition are that ASI Suresh Songara received an information about the death of deceased Ratanlal Purohit at P.S. Nagda Distt. Ujjain. He after registering the Merg Intimation Report bearing No. 64/2020, reached the spot and found the dead body of deceased Ratanlal Purohit hanging to noose in his rented room. He called the witnesses issuing safina form and prepared nakshapanchayatnama of the dead body of deceased. He recovered and seized a suicide note kept in the pocket of deceased's shirt alongwith a mobile phone. He also seized deceased's driving license, ATM card and rope, used by him in committing suicide. ASI Suresh Songara on the basis of suicide note so seized, wherein it was stated that deceased committed suicide due to harassment made by the petitioner and co-accused persons, registered FIR bearing Crime No. 532/2020 against the petitioner and co-accused persons for the offences punishable u/S 306 of IPC and 3/4 of the Act of 1937.

3. During investigation, it was found that deceased was facing financial crisis during the lock-down period, due to which he took loan from the petitioner and other co-accused persons, but he could not be able to return the loan amount so advanced to him by the petitioner and other co-accused persons. As a result, they started threatening and harassing the deceased. Being piqued by the said harassment, deceased committed suicide. Petitioner was arrested and a cheque bearing no. 06494431 was seized from his possession. After completion of investigation, charge sheet was filed. After committal of the case to the Court of Additional Sessions Judge, Ujjain, petitioner moved an application u/S 227 of Cr.P.C. for discharging him from the charges alleged against him, which was rejected vide impugned order dated 23.03.2021 and charges u/S 306 of IPC and u/S 3/4 of the Act of 1937, were framed against him.

3. Learned counsel for the petitioner submits that the name of the petitioner is not mentioned in the suicide note, left by the deceased. Petitioner's name is Govind Chouhan, while the person named in the suicide note is Govind Sen. He has been implicated in the matter only because his name is Govind. He further submits that for the sake of arguments, if allegations alleged against him were presumed to be true, even then, ingredients of Section 3 06 of IPC will not get attracted in the case. The act of demanding back the amount of loan so advanced cannot be said to be 'Abetment' u/S 107 of IPC. There is no documentary evidence about the fact that the petitioner advanced any loan to the deceased. Moreso, petitioner has never threatened the deceased. Even if the whole prosecution evidence is accepted, then also conviction of the petitioner is not probable at all. Therefore, charges framed u/S 306 of IPC and Sec 3/4 of the Act of 1937 are not sustainable and deserves to be set aside.

In support of his above contentions, learned counsel for the petitioner relied upon the judgment passed by Hon'ble the Apex Court in the case of M. Arjunan vs. State Represented by its Inspector of Police[(2019) 3 SCC 315] and the judgement passed by this Court in the case of Ved Prakash Bhai