Kapoor Chand Jindal vs Junior Engineer C.S.E.B
2021 Latest Caselaw 2265 Chatt

                                          1

                                                                              NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR

                        Criminal Appeal No. 127 of 2009



   • Kapoor Chand Jindal, S/o Shri Phool Chand Jindal, aged about 49 years, R/o
     Dhabra Road, Kharsiya, Distt.-Raigarh C.G

                                                                       ---- Appellant

                                       Versus

   • Junior Engineer, Chhattisgarh State Electricity Board, Kharsiya, District -
     Raigarh, (C.G.).

                                                                  ---- Respondent


       For Appellant            :       Mr. Ankit Singhal, Advocate.
       For Respondent           :       Mr. Manish Nigam, Advocate.


                 Hon'ble Shri Justice Arvind Singh Chandel

                                    Order on Board
10/09/2021

  1.     This appeal has been preferred against the judgment dated

         31.01.2009 passed in Special Case No. 149/2007 by the Special

         Judge, (Under Electricity Act, 2003), Raigarh, District Raigarh, (C.G.),

         whereby the appellant has been convicted under Section 135 and

         154(5) of the Electricity Act, 2003 and sentenced to undergo R.I. for

         one year and fine amount of Rs.60,000/- with default stipulation; and

         Rs.1,25,000/- as Civil Liability respectively.


  2.     Facts

of the case are that on 05.06.2007 at about 13:45 PM, the

business premise of the appellant in the name of Fashion Point,

Kharsiya was inspected by the Official of the State Electricity Board

wherein it was found that the appellant has taken an illegal three

phase connection from the LT line of the Electricity Board and was

using the Electricity about 1164 watt in the shop and about 1724 watt

at the first floor house and has thus, caused loss of Rs.50,381/- to the

State Electricity Board. On the basis of the said allegation, the

respondent filed a complaint under Section 135 of the Electricity Act,

2003 before the Special Judge.

3. After trial, the trial Court has convicted and sentenced the appellant as

mentioned in paragraph one of this judgment. Hence, this appeal.

4. Learned Counsel appearing for the appellant submits that he does not

want to press this appeal on merits and confines his argument to the

sentence part only. He further submits that the appellant is a reputed

person of Kharsiya, aged about 50 years (at the time of incident), he

has no criminal antecedent and he is facing the lis for the last 14

years, therefore, it is prayed that the fine amount be enhanced and jail

sentence awarded to the appellant be remitted.

5. Per contra, learned Counsel appearing for the respondent supported

the impugned judgment and submits that the sentence awarded by the

trial Court is just and proper and requires no interference.

6. I have heard learned Counsel appearing on behalf of the parties and

perused the record minutely.

7. Considering the above facts and circumstances of the case,

particularly considering that appellant is an old person aged about 60-

65 years, he has no criminal antecedent and he is facing the lis since

2007, I am of the view that the ends of justice would be met if, while

upholding the conviction imposed upon the appellant, the fine amount

is enhanced to Rs.70,000/- and the remaining jail sentence awarded to

him is remitted. Ordered accordingly. The fine amount shall be paid

within two months from receipt of this order.

8. Consequently, the appeal is partly allowed to the extent indicated

above. The conviction of the appellant under the aforementioned

Section and Civil Liability are affirmed.

9. Records of the Court below be sent back along with a copy of this

order forthwith for information and necessary compliance.

Sd/-

(Arvind Singh Chandel) Judge Prakash