AJAY KUMAR JAIN Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal revision filed under Section 397 read with Section 401 of the Cr.P.C on behalf of the applicant/accused Ajay Kumar Jain, is directed against order dated 20th February, 2015 passed by the Court of Additional Sessions Judge, Beena, District -Sagar, in Session Trial No.465/2014 (State Vs. Rajesh Kumar Shastri And Another), framing charge under section 306 read with section 34 of the IPC against applicant/accused Ajay Kumar Jain.

(2.) The case of the prosecution before the learned trial Court may briefly be summarized as hereunder: Deceased Jinesh Kumar Jain needed money for the treatment of some nodes in his stomach. On 8 th April, 2013, deceased had taken a loan in the sum of Rs.1,00,000/ - from accused Rajesh Kumar Jain (Shastri) after mortgaging his land by means of a registered mortgage deed. He had agreed to pay interest thereon at the rate of 2 per cent per month but he had returned the principal along with the interest totaling Rs.1,24,000/ - to the accused Rajesh Jain on 12 th of April. However, accused Rajesh neither returned the mortgage deed nor got it cancelled before the Registrar. Son of accused Rajesh was class -mate of son of deceased Jinesh. Accused Rajesh obtained telephone number of Anjulata, wife of the deceased, through his son. Thereafter, wife of accused Rajesh started harassing wife of the deceased by calling her on her mobile phone. She alleged that the deceased had taken Rs.7,50,000/ - from her husband and they would charge interest at the rate of 4 per cent per month. She threatened to usurp their land by filing a case in the Court because her brother -in -law was an advocate. When the deceased protested in this regard with accused Rajesh, he told him that amount of Rs.7,50,000/ - was entered in the mortgage deed for the legal purpose and when the amount borrowed by him would be returned, the deed would also be returned. Accused Rajesh asked the deceased to have faith in him because they were class -mates.

(3.) Likewise, deceased Jinesh had also taken a loan from applicant/accused Ajay Jain in the sum of Rs.1,40,000/ - by pledging 13 tolas of gold ornaments worth Rs.2,00,000/ -. Deceased gave a cheque in the sum of Rs.55,000/ - to the accused/applicant Ajay Jain; however, since he could not deposit the amount in the bank, later he paid Rs.40,000/ - in cash to applicant Ajay Jain and asked for one months time to return remaining Rs.15,000/ - but applicant Ajay Jain replied that he has in his possession dis -honoured cheque of Rs.55,000/ - issued by the deceased. He would return the cheque only if the deceased again gave Rs.55,000/ - to the applicant. When he protested, the applicant/accused started shouting. Later, the deceased learnt that applicant/accused Rajesh does not have any money lending license but indulges in that business and he has similarly cheated many other persons. In aforesaid circumstances, the deceased was constrained to commit suicide. Consequently, he committed suicide in the intervening night between 24th and 25th of April, 2014 by consuming poison.