Raju Sharma vs M.P.Madhya Kshetra Vidhyut ...
2023 Latest Caselaw 5714 MP

                                            1

         IN THE HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                                       BEFORE
        HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                          ON THE 10th OF APRIL, 2023

                    CRIMINAL APPEAL NO.525 OF 2011

        BETWEEN:-

        RAJU SHARMA S/O SHYAMSUNDAR
        SHARMA, R/O GRAM GANJRAMPUR,
        DISTRICT-  MORENA    (MADHYA
        PRADESH)

                                                                   ........APPELLANT

        (BY SHRI R.P. GUPTA- ADVOCATE)

        AND

 1.     M.P.MADHYA    KSHETRA     VIDHYUT
        VITRAN CO.LTD. TH:JUNIOR ENGINEER
        JIGNI,  DISTT.MORENA      (MADHYA
        PRADESH)

 2.     STATE OF M.P. THROUGH COLLECTOR
        MORENA,       DISTRICT-  MORENA
        (MADHYA PRADESH)

                                                                 ........RESPONDENT

       (SHRI NAROTTAM SHARMA- ADVOCATE FOR RESPONDENT NO.1
 AND SHRI V.S. TOMAR- PANEL LAWYER FOR         RESPONDENT
 NO.2/STATE)
 ----------------------------------------------------------------------------------------
        This appeal coming on for orders this day, the Court passed the
 following:
----------------------------------------------------------------------------------------

                                    JUDGMENT

This appeal has been filed under Section 374 of Cr.P.C. by the appellant against the judgment of conviction and order of sentence dated 21/06/2011 passed by Second Additional Sessions Judge and Special Judge (Electricity Act), District- Morena (M.P.) in S.S.T. No.141/2006 whereby the appellant has been sentenced till rising of the Court for commission of offence under Section 135(1)(ka) of Electricity Act with direction to pay the fine amount of Rs.68,000/- in view of Section 154(5) of Electricity Act and the appellant was directed to pay the said fine amount within a period of 30 days before the Court below.

Learned counsel for the appellant submits that he has deposited Rs.30,000/- out of fine amount of Rs.68,000/- as imposed by the Special Court and prays for acquittal of the appellant.

After hearing learned counsel for the rival parties and on perusal of the impugned judgment as well as record, this Court finds no illegality in the impugned judgment of conviction and order of sentence passed by the Special Judge. Accordingly, judgment of conviction and order of sentence dated 21/06/2011 passed by Second Additional Sessions Judge and Special Judge (Electricity Act), District- Morena ( M.P.) in S.S.T. No.141/2006 is hereby affirmed. Appeal fails and is hereby dismissed. However, showing an indulgence liberty is granted to the appellant to deposit the remaining fine amount within a period of 45 days from today. In case appellant fails to deposit the said amount then the trial Court is directed to get the remaining jail sentence served by the appellant for which he shall proceed against him in accordance with law.

(DEEPAK KUMAR AGARWAL) JUDGE rahul Digitally signed by RAHUL SINGH PARIHAR

RAHUL SINGH DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0 cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487 , serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4 AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.04.12 18:39:15 +05'30'