Uday Singh Raghuvanshi vs M.P.Madhya Chhetra Vidut ...
2023 Latest Caselaw 6236 MP

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                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 18 th OF APRIL, 2023
                                               CRIMINAL APPEAL No. 488 of 2009

                            BETWEEN:-
                            UDAY SINGH RAGHUVANSHI S/O DEELIP SINGH
                            RAGHUVANSHI , AGED ABOUT 50 YEARS, OCCUPATION:
                            AGRICULTURE, R/O VILL. LUKWASA      P.S.KOLARAS
                            TEH. KOLARAS, DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                          .....APPELLANT
                            (BY SHRI BRIJENDRA SINGH GOUR - ADVOCATE)

                            AND
                            M.P.MADHYA CHHETRA VIDUT         COL.LTD.   S/O
                            SHIVPURI,TH:RAVINDRA     SINGH   JAIN   JR.ENG.
                            OCCUPATION: GRAMIN VIDUT KENDRA BADARWAS,
                            TEH. KOLARAS DISTT. SHIVPURI (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                            (BY SHRI RAJENDRA BHARGAVA, LEARNED COUNSEL FOR THE
                            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 appellant against the judgment dated 16.07.2009 passed by the Third ADJ Special Judge (Electricity Act) Distt. Shivpuri, in SST No.301/08 convicting the appellant under Section 138 of the Electricity Act and sentencing him to suffer 03 months RI with fine of Rs.10,000/- with default stipulation.

Brief facts necessary for disposal of this appeal are that on 25.06.2008 during inspection appellant was found using electricity despite disconnection, Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/19/2023 10:26:14 AM

thereby found committing theft of electricity. Complaint was filed. After trial, appellant has been convicted as aforesaid.

Learned counsel for the appellant/accused submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that incident took place on 25.06.2008 and appellant has been facing agony of trial for the last 15 years. Amount of fine has been deposited by him. Learned counsel for the appellant in open Court submits that he has already deposited a sum of Rs.30,155/- out of total amount of Rs. 35,155/- due on appellant as electricity charges while remaining amount of Rs.5,000/- will be deposited by

the appellant. Therefore, jail sentence of the appellant be reduced till rising of the Court.

Learned counsel for the respondent supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, while maintaining the conviction of the appellant under Section 138 of the Electricity Act, subject to deposit of remaining amount of Rs.5,000/- due on appellant as electricity charges, his jail sentence is reduced till rising of the Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/19/2023 10:26:14 AM