Ganeshram Yadav vs Chhattisgarh State Electricity ...
2022 Latest Caselaw 5800 Chatt

Citation : 2022 Latest Caselaw 5800 Chatt
Judgement Date : 15 September, 2022

Chattisgarh High Court

Ganeshram Yadav vs Chhattisgarh State Electricity ... on 15 September, 2022

                                                                                NAFR

              HIGH COURT OF CHHATTISGARH, BILASPUR

                             CRA No. 1300 of 2022

  • Ganeshram Yadav S/o Sadhram Yadav Aged About 45 Years R/o Basanpali, P.S
    Bhupdevpur, Tehsil And Distt. - Raigarh Chhattisgarh.

                                                                       ---- Appellant

                                      Versus

  • Chhattisgarh State Electricity Distribution Company Maryadit (Responsible
    Company Of C.G.S.E.D.) Through - S. Khes, Assistant Engineer (Sub Division)
    C.S.P.D.C.L. - Kusmura.

                                                                     ---- Respondent

15.09.2022 Mr. S.S. Baghel, counsel for the Appellant.

Mr. Varun Sharma, counsel for the Respondent.

Heard on I. A. No. 01/2022, application for grant of interim relief.

By the impugned judgment dated 23.07.2022 passed by Special Judge under the Electricity Act, Raigarh in Special Case No. 109/2018, the appellant has been convicted under Section 135 of the Electricity Act and sentenced to pay a fine of Rs. 5,40,603/- in default to suffer R.I. for 09 months.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the overall evidence on record while passing the impugned judgment. The prosecution has failed to prove its case against the appellant beyond reasonable doubt. As per prosecution, the accused was operating pump of 5 H.P. for irrigation crop but the alleged pump has not been seized; there is no independent witness in this case, all the prosecution witnesses are staff members of the inquiry officer. Therefore, execution of the fine amount may be suspended during pendency of this appeal.

On the other hand, learned counsel for the respondent opposes the above prayer.

In the totality of facts and circumstances of the case, it is directed that upon appellant's depositing 30% of the total fine amount with local surety in the sum of Rs. 1,00,000/- to the satisfaction of the concerned trial Court within 15 days from the date of receipt of this order, execution of the remaining 70% fine amount shall remain suspended during pendency of this appeal.

Accordingly, I.A. No. 01/2022 stands disposed of.

Sd/-/-

(Rajani Dubey) Judge

V/-