Ganga Singh Prajapati vs M.P.Madhya Kshetra Vidhyut ...
2023 Latest Caselaw 5738 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 10 th OF APRIL, 2023
                 CRIMINAL APPEAL No. 1019 of 2011

BETWEEN:-
1.    GANGA SINGH PRAJAPATI S/O BAHORILAL
      PRAJAPATI,  AGED    ABOUT   59   YEARS,
      OCCUPATION: CULTIVATION AND BUSINESS IN
      FRONT OF BHAWANI PURA TEMPLE BHIND
      (MADHYA PRADESH)

2.    VINOD KUMAR S/O HARPRASAD JATTAV, AGED
      ABOUT    45   YEARS, OCCUPATION MOTOR
      MECHANIC R/O INFRONT OF BHAWANIPURA,
      TEMPLE BHIND (MADHYA PRADESH)

                                                             .....APPELLANTS
(BY SHRI RAJNISH SHARMA -ADVOCATE)

AND
M.P.MADHYA KSHETRA VIDHYUT VITRAN CO.LTD.
BHIND TH:KALIDAS BHOMIK, JUNIOR ENGINEER CITY
BHIND (MADHYA PRADESH)

                                                            .....RESPONDENT
(NONE PRESENT ON BEHALF OF RESPONDENT)

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                   ORDER

This appeal has been filed by the appellants under Section 374 of Cr.P.C. being aggrieved by the judgment dated 02.12.2011 passed by the Special Judge (Electricity Tribunal), Bhind in Case No.147/2007, whereby appellants have been convicted under Section 138(B) of the Electricity Act and sentenced to undergo six-six months RI with fine of Rs.25,000/- each by the trial Court with

default stipulation.

In brief, facts of the case for disposal of this appeal are that it is not disputed that Lt. Balwant Singh resident of Bhawanipura was consumer of Service No.900197660, Rs.44,350/- bill was remain paid on 18.05.2007. Notice was issued to appellants Ganga Singh and Vinod Kumar for payment of the aforesaid amount, but they didn't pay the amount. There electricity connection was disconnected on 22.05.2007. Thereafter, during checking 02.06.2007, it was found that electricity connection was re-connected. Panchnama was prepared in the name of Lt. Balwant Singh Jatav consumer and as a user Ganga Singh. Thereafter, complaint was filed. As per admission of Executive Engineer

(Dharmendra Kaushik), Ganga Singh was not present on the spot. Beside this, respondent could not brought on record that after the death of Balwant Singh, aforesaid connection was used by appellants so that they can be held liable for the offence under Section 138 of Electricity Act.

Appellants preferred this appeal on the ground that respondent electricity company filed the complaint against appellants regarding service connection No.900197660 which was in the name of Lt. Balwant Singh, thereafter, appellants were using the aforesaid electricity connection. In April, 2007 an amount of Rs.44,350/- bill remain to be paid. Despite receiving notice, they have not paid the amount and re-connected the electricity connection. On 02.06.2007, during inspection, panchnama was prepared in the name of appellants. Fine amount has already been deposited.

Learned counsel for the appellants made submission that there is no document on record that appellants were using the aforesaid connection because initially, connection was in the name of Lt. Balwant Singh and as per admission by Executive Engineer (Dharmendra Kaushik), Ganga Singh was not

present on the spot. Beside this fact, learned trial Court convicted the appellants as stated above.

After hearing learned counsel for the appellants, this Court is of the opinion that the conviction and sentence of the appellants for the offence punishable under Section 138(B) of Electricity Act, is hereby set aside.

The amount of fine, so deposited be refunded to the appellants. This criminal appeal stands allowed and disposed of in above terms. Let a copy of this order be sent to the Court concerned for information. Certified copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay VIJAY TRIPATHI 2023.04.11 10:28:43

-07'00'