Sandeep Mehta, J. - (1.)The present petition has been filed assailing the order dated 16.5.2003 passed by the learned Addl. Sessions Judges (Fast Track), Court No. 2,. Bikaner is Sessions Case No. 41/2003, whereby charge has been framed against the petitioner for the offence under Sec. 306 I.P.C.
(2.)Counsel for the petitioner has submitted that the highest allegation of the prosecution was that there was some business dispute between the parties and as per the Suicide Note the deceased was in debt and the petitioner had refused to make some payment to the deceased, so being aggrieved by the refusal of the accused to make the payment, he committed suicide. It has been submitted that even if such allegation are accepted to be true on its highest then also the act of the accused cannot be said to be such that they would amount to abetting the deceased to commit suicide. He has placed reliance on the judgment passed in the case of Swami Prahladdas Vs. State of Madhya Pradesh & Ors., (1995) Supp 3 SCC 438 and Sanju Alias Sanjay Singh Sengar Vs. State of Madhya Pradesh, 2002 SCC (Cri.) 1141 : 2002 AIR SCW 2035 .
(3.)After having perused the order impugned and the challan papers, particularly the Suicide Note of the deceased, the highest allegation which has been made by the deceased is that he was troubled by' the indebtness to various persons and that the petitioner had refused to make some payment to him. Refusal to make payment simplicitor cannot be such an act which can be covered within the definition 'abatement caused to some person for committing suicide.'