IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE GAJENDRA SINGH ON THE 15^th OF DECEMBER, 2025 CRIMINAL APPEAL No. 6308 of 2024 MAHENDRA Versus THE STATE OF MADHYA PRADESH AND OTHERS ----------------------------------------------------------------------------------------------------

Appearance:

Shri Javed Khan - Advocate for the appellant.

Shri Rajesh Joshi– G.A. for the respondent/State.

----------------------------------------------------------------------------------------------------

Reserved on : 20.08.2025 Pronounced on : 15.12.2025 ----------------------------------------------------------------------------------------------------

JUDGMENT

This criminal appeal under section 14A (2) of the SC & ST (Prevention of Atrocities Act, 1989 is preferred being aggrieved by order dated 07.03.2024 in SCATR No.08/2024 by Special Judge, SC & ST (POA) Act, 1989, Dhar whereby the charge under Section 306 of the IPC r/w Section 3(2)(v) of SC/ST (POA) Act, 1989 and Section 3 r/w Section 4 of M.P. Protection of Debtors Act, 1937 have framed against the appellant.

2. The facts in brief are that one Jashwant Meda belonging to Scheduled Tribe community was working as a teacher in Government High School, Lunhera. The appellant was working as a peon in that school, who does not belong to SC/ST community. In the year 2019, the construction of the house was on progress, due to the scarcity of money deceased Jashwant borrowed an amount of Rs.1,25,000/- from the present appellant on 15.07.2019 and obtained blank signed cheques from Jashwant and his wife. Jashwant every month paid money towards the loan when the salary was credited to the account. When Jashwant was disturbed then his wife asked the reason then Jashwant told that Mahendra is demanding Rs.5,00,000/- and in case Rs.5,00,000/- is not paid, Mahendra would file the complaints on the strength of signed blank cheques in Court. Thereafter, the appellant present complaints under Section 138 of the Negotiable Instruments Act, 1881 in the Magistrate Courts and warrants of Jashwant and his wife from the Courts have been issued. Jashwant and his wife attended the Court usually. Mahendra was asking for money everyday when Jashwant goes to school. Jashwant was very upset and usually wept with wife and does not take the food and then committed suicide on 17.08.2023 and Crime No.455/2023 at P.S. Nalcha was registered against the appellant for the offence punishable under Section 306 of IPC r/w Section 3(2)(v) of SC/ST (POA) Act, 1989 and Section 3 r/w Section 4 of M.P. Protection of Debtors Act, 1937. Completing the investigation, a final report was submitted against the appellant under Section 306 of IPC r/w Section 3(2)(v) of SC/ST (POA) Act, 1989 and Section 3 r/w Section 4 of M.P. Protection of Debtors Act, 1937 .

3. Special Court framed the charges as mentioned in para 1 of the judgment and challenging the framing of charges, this appeal has been preferred on the ground that he adopted the course of law for recovery of money which was borrowed by the Jashwant, no ingredients of provision of Section 306 of the IPC is attracted. If the charge under Section 306 of IPC is not attracted then the charge under Section 3(2)(v) automatically fails. The deceased was a government employee and no case for Section 4 of the M.P.

Protection of Debtors Act, 1937 is made out.

Heard.

4. Counsel for the respondent/State has opposed the criminal appeal by submitting that the impugned order does not require any interference.

5. Perused the final report submitted under section 173 (2) of the Cr.P.C., 1973 (presently section 193 of B.N.S.S., 2023) and the documents collected during the investigation appended with list from serial number 1 to 32 comprising 116 pages alongwith statement of six witnesses recorded under Section 161 of the Cr.P.C. alongwith mortgage agreement of the house in lieu of the amount available at Sr. No.21 and the documents with regard to copy of two criminal complaints filed befor