Vinod Karosiya vs The State of Madhya Pradesh

G.S. Solanki, J.—Heard finally. Applicant has filed this revision petition u/s. 397 read with section 401 of the Code of Criminal Procedure being aggrieved by the order dated 9/04/13 passed by IVth Additional Sessions Judge, Chhindwara in S.T. No. 44/13 whereby a charge u/s. 306 of IPC has been framed against him. The facts, in short, giving rise to this petition are that deceased Suresh Sharma had issued a cheque of Rs. 10,000/- in favour of the applicant which was dishonored on which applicant made the demand of money and threatened him to prosecute under the Negotiable Instruments Act. Due to said reason, deceased committed suicide by hanging himself. Initially on 29/08/11 a merge was registered at police station Kotwari, District Chhindwara thereafter FIR was registered on 23/10/2011. During the inquiry, statements of witnesses were recorded and matter was investigated. After usual investigation, applicant has been charge sheeted before the JMFC and in turn JMFC committed the case to the Court of trial thereafter, IVth Additional Sessions Judge, Chhindwara framed the charge u/s. 306 of IPC against this applicant. Hence, this revision petition.

Learned counsel for the applicant submits that there is no prima facie case made out against the applicant u/s. 306 of IPC and no ingredient u/s. 107 of IPC is found in this case. It is further submitted that if deceased Suresh Sharma committed the suicide under depressed condition, same may be a cause of death but it cannot be termed as ''abetment to commit suicide''. Under such circumstances, trial Court has committed the illegality in framing the charge u/s. 306 of IPC against the applicant therefore, he prays for setting aside the said charge.

Learned counsel for the State supported the impugned order of framing of charge passed by court below and prays for dismissal of the petition.

I have perused the case diary.

It is true that Suresh Sharma committed the suicide on 29/08/2011 and left a suicide note wherein it is specifically stated that he is unable to face the legal consequences and as he is an old man and suffering from various deceases therefore, he committing the suicide. Janki Sharma, wife of deceased has stated in her statement recorded u/s. 161 of Cr.P.C. that there was some dispute regarding price of CFL bulbs and in that regard deceased had issued a cheque which was dishonored. She further stated that applicant threatened the deceased for prosecution in connection with dishonor of cheque therefore, her husband remained in depressed condition and committed the suicide by hanging himself.

In these circumstances, if a cheque which has been issued by the deceased dishonored and applicant told him to prosecute under Negotiable Instruments Act, same cannot be termed as abetment to commit suicide. The circumstances shows that applicant was in depression due to dishonor of cheque and he was no dare to face the legal consequences therefore, he committed the suicide by hanging himself.

Considering the overall facts on record, none of the ingredient u/s. 107 of IPC is found in this case. There is no prima facie case made out against the applicant u/s. 306 of IPC therefore, this Court is of the view that trial Court has committed the illegality in passing the order dated 9/04/13 for framing of the charge u/s. 306 of IPC.

In the result, petition succeeds and is hereby allowed. The impugned order dated 9/04/2013 of framing of the charge u/s. 306 of IPC against the applicant Vinod Karosiya is hereby set aside and he is discharged from the said charge. Certified copy as per rules.