Narayan Singh vs M.P.Madhya Kshetra Vidhyut ...
2023 Latest Caselaw 5746 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. 734 of 2011

                         BETWEEN:-
                         NARAYAN SINGH S/O HALKE RAM RAWAT, AGED
                         ABOUT 41 YEARS, OCCUPATION: KRISHI R/O GRAM
                         PAPREDU  NARWAR,    DISTT.SHIVPURI  (MADHYA
                         PRADESH)

                                                                                           .....APPELLANT
                         (NONE FOR THE APPELLANT )

                         AND
                         M.P.MADHYA KSHETRA VIDHYUT VITRAN CO.LTD.
                         TH:R.K.JAIN S/O BABULAL JAIN DISTRICT SHIVPURI
                         (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                         (SHRI RAJENDRA BHARGAVA, ADVOCATE)

                               Th is appeal coming on for direction this day, th e court passed the
                         following:
                                                             ORDER

This appeal has been filed by the appellant under Section 374 of Cr.P.C. being aggrieved by the judgment dated 19.08.2011 passed by the Special Judge, Karera, District Shivpuri, in S.S.T.No.151/2010 whereby appellant has been convicted under Section 138 (kha) of Electricity Act, 2003 and sentenced to undergo four months RI with fine of Rs.4,000/- with default stipulation.

Appeal is pending since 2011 and today i.e., 10.04.2023 it is listed in direction matter and none present on behalf of the appellant.

Heard learned counsel for the respondent and perused the record. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/7/2023 1:11:33 AM

In brief, prosecution case is that electric connection No. 99-11-16368 had been allotted in the name of father of the appellant for the purpose of irrigation. There was outstanding dues of Rs.69,624/- in respect of said electricity connection. A notice dated 09.02.2010 was sent to the appellant in which 15 days time was granted to the appellant to deposit the said bill amount. After the death of the father of appellant, the electricity was used by him. Despite service of notice, the appellant did not deposit the said bill amount as a result of which the electric connection was disconnected in regard to which panchnama was prepared on the spot. On 09.03.2010 when the premises of the appellant were inspected, it was found that the appellant was drawing electricity in an

unauthorized manner by reconnecting the disconnected electricity connection of which panchnama was prepared on the spot. On 10.03.2013 final notice in regard to demand of outstanding electricity dues was sent to the appellant. Due to non-depositing of any amount towards outstanding dues, case was filed against the appellant. Trial was conducted. After completion of trial, learned trial Court on the basis of evidence brought on record by judgment dated 19.08.2011 passed by the Special Judge, Karera, District Shivpuri, in S.S.T.No.151/2010 convicted the appellant for the offence punishable under Section 138 (kha) of Electricity Act, 2003 and sentenced to undergo four months RI with fine of Rs.4,000/- with default stipulation. Being aggrieved by that conviction and sentence, the appellant has filed this appeal challenging the conviction and sentence passed by the Special Court.

Having perused the record and gone through the impugned judgment passed by learned Special Court, this court is of the considered opinion that no illegality has been committed by learned Special Court in passing the impugned

Signature Not Verified judgment.

Signed by: YOGENDRA OJHA Signing time: 4/7/2023 1:11:33 AM

Accordingly, this criminal appeal stands dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/7/2023 1:11:33 AM