Lawstreet Journal

Filing Complaint Under S. 138 Of NI Act Does Not Amount to Abetment of Suicide: Gujarat HC [READ ORDER]

Lawstreet Journal 8 Jun 2020 7:02pm

Image courtesy: Lawstreet Journal Judiciary Filing Complaint Under S. 138 Of NI Act Does Not Amount to Abetment of Suicide: Gujarat HC [READ ORDER]

A Singh Judge Bench Justice B. N. Karia of the Gujarat High Court has in the matter of Rahul Ranabhai Dangar v. the State of Gujarat has observed that if the accused had filed a complaint against the deceased under S. 138 of the Negotiable Instruments Act, 1881 then, filing of such complaint by the accused does not amount to abetment of suicide under S. 306 of the Indian Penal Code, 1860


Background of the case: 

The appellant had filed a bail application before the court of the Additional Sessions Judge, Porbandar under Section 439 of the Code of Criminal Procedure, 1973 requesting to enlarge him on regular bail on account of the complaint registered for the offense punishable under Sections 306, 387, 506(2) of the Indian Penal Code and under Sections 3(1)(r), 3(1)(s), 3(2)(5-a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (SC/ST Act), but it was rejected. Feeling aggrieved by the order, the appellant had preferred an appeal under Section 14-A of the SC/ST Act before the High Court of Gujarat. 

On December 11, 2019, the deceased had hanged himself with a fan and committed suicide for unknown reasons. Initially, an accidental case was registered and the same was declared under Section 174 of the CrPC. 

It was the case of the prosecution that the deceased was requested by the appellant to be a witness in a previous atrocities offense and relief of Rs. 25,000/- was to be received from the Government. Out of… Continue Reading...

Tagged: Negotiable Instrument Act  
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