Crl. Revision No. 1163 of 2010 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Revision No. 1163 of 2010 Date of Decision: 17.8.2011. Bharat Sharma and another .......Petitioners Vs. State of Haryana ......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. N.K.Sanghi, Advocate for the petitioners. Mr. Amandeep Singh, Asstt. A.G. Haryana. Mr. Sunil Sharan, Advocate for the complainant. ..... SABINA, J. Petitioners have filed this petition under Section 401 of the Code of Criminal Procedure, 1973 challenging the order dated 03.4.2010 whereby charge was ordered to be framed against the petitioners under Sections 306 read with Section 34 of the Indian Penal Code ('IPC' for short) in FIR No. 657 dated 18.6.2009, registered at Police Station City, Hisar. Learned counsel for the petitioners has submitted that no offence under Section 306 IPC was made out in the present case. Merely because the petitioners had issued a notice qua dishonour of the cheque, issued by the deceased, would not amount to harassment and the said act would not come within mischief of Section 306 IPC. Learned state counsel, who is assisted by the counsel Crl. Revision No. 1163 of 2010 -2 - for the complainant, on the other hand, has submitted that the deceased had written a suicide note wherein he had clearly stated that the petitioners were responsible for his death. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. The prosecution story in brief is that the deceased Rajender Kumar and Bharat Sharma (petitioner) had floated a company in the name of Real Life of India. The signed cheque book relating to the account of Rajender Kumar, husband of the complainant was retained by Bharat Sharma. Later on, Bharat Sharma and his father-in-law Jagdish Sharma sent a notice through their counsel on the basis of forged document that Rajender Kumar had entered into an agreement with regard to house No. 31-B, Yadav Sadan, New Rishi Nagar, Hisar and had taken an advance of ` 6,00,000/- and in case, the said amount was not repaid then legal action would be taken against Rajender Kumar. Due to this reason, Rajender Kumar committed suicide by hanging himself with the help of a rope. During the course of investigation, suicide note alleged to have been written by the deceased, was recovered. The deceased had stated in the suicide note that the present petitioners were responsible for his death. At this stage, the trial court was only required to see as to whether there was a prima facie case made out against the accused to frame charge against them. In the facts and circumstances of the case, there was sufficient material to enable the trial court to reach to the conclusion that prima facie case was made out against the accused and hence, charge was liable to be framed against them. Crl. Revision No. 1163 of 2010 -3 - No ground for interference is made out. Dismissed. (SABINA) JUDGE August 17, 2011 Gurpreet