Madhya Kshetra Vidyut Vitran Co. ... vs Harnam Singh
2021 Latest Caselaw 749 MP

         HIGH COURT OF MADHYA PRADESH,
               BENCH AT GWALIOR

                M.Cr.C. No. 22843/2020
 ( Madhya Kshetra Vidyut Vitran Co. Ltd Vs Harnam Singh )
                                (1)

Gwalior, dated : 16/03/2021
     Shri Rajendra Bhargava, learned counsel for the petitioner.

      The application for grant of leave to appeal has been

preferred under Section 378(4) of the Code of Criminal Procedure

(hereinafter referred to as "the Code") being aggrieved with the

judgment dated 03/02/2020 passed by Special Judge (Electricity)

Dabra District Gwalior (M.P.) in Special Case No. 270/2015,

whereby respondent has been acquitted of the offence punishable

under Sections 135 of the Electricity Act, 2003.

Prosecution story in brief is that complainant Mukesh Singh,

Junior Engineer filed a complaint against the present applicant that

on the inspecting the premise of the respondent, it was found that

respondent was running flour mill by connecting the power

directly from the LT line and operating the 10 HP electric motor

and when he was asked for permission/electric connection, the

respondent informed that he has no permission. Accordingly,

Panchnama was got prepared and respondent refused to sign the

Panchnama. Respondent was asked to deposit Rs. 1,06,392/- and

settlement amount of Rs. 10,000/- but he did not deposit the same

and therefore, there was no other option but to lodge the

complaint.

Learned counsel for the petitioner contended that the learned

Trial Court framed the charges under Section 135 of the Electricity HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

M.Cr.C. No. 22843/2020 ( Madhya Kshetra Vidyut Vitran Co. Ltd Vs Harnam Singh )

Act,2003 against the respondent and concluded the trial. The

learned Trial Court acquitted the respondent from the charges

without proper appreciation of evidence. It is further submitted

that finding given by the Trial Court are perverse, therefore,

impugned order liable to be set-aside. Learned counsel for the

petitioner while making reference to the evidence available on

record, submitted that the Trial Court has erred in appreciating the

evidence and the judgment of acquittal deserves to be interfered

with.

Heard learned counsel for the petitioner and perused the

impugned judgment.

The Trial Court, after appreciation of evidence, has found

that the petitioner had failed to prove his case. The Trial Court

has also held that petitioner has not been able to prove his case

beyond doubt. Accordingly, The Trial Court found that evidence

on record was not sufficient to establish the culpability of the

respondent.

I agree with the findings recorded by the trial Court that the

petitioner has failed to prove its case beyond reasonable doubt.

It is well settled that the judgment of acquittal should not be

disturbed unless the conclusions drawn on the basis of evidence

brought on record are found to be grossly unreasonable or HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR

M.Cr.C. No. 22843/2020 ( Madhya Kshetra Vidyut Vitran Co. Ltd Vs Harnam Singh )

manifestly perverse or palpably unsustainable.

Taking into consideration the reasons assigned on the face of

evidence on record establishing the aforesaid facts and

circumstances, the view taken by the learned trial Court was

apparently a possible view, no interference is called for with the

order of acquittal in question.

The application, being devoid of merit and substance, stands

dismissed.

(S.A.Dharmadhikari) Judge

Prachi*

PRACHI MISHRA 2021.03.17 18:06:22 +05'30'