Bihari vs M.P.Madhya Kshetra Vidhyut ...
2023 Latest Caselaw 6599 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 24 th OF APRIL, 2023
                                             CRIMINAL APPEAL No. 849 of 2011

                          BETWEEN:-
                          BIHARI S/O MATHURA, AGED ABOUT 45 YEARS,
                          KANAPUR, P.S.SHEOPUR, DISTT.SHEOPUR (MADHYA
                          PRADESH)

                                                                                            .....APPELLANT
                          (SHRI ANSHU GUPTA, ADVOCATE)

                          AND
                          M.P.MADHYA KSHETRA VIDHYUT VITRAN CO.LTD.
                          SHEOPUR (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                          (NONE FOR THE RESPONDENT)

                                This appeal coming on for directions this day, th e court passed the
                          following:
                                                               ORDER

This criminal appeal under Section 374 of the Cr.P.C. has been filed by

the appellant assailing the order dated 07.10.2011 passed in S.T. No.127/2011 by Special Judge, Electricity Act, Sheopur by which appellant has been convicted under Section 138(1)(kha) of Electricity Act, 2003 and sentenced him for three months R.I with fine of Rs. 5,000/- with default stipulation.

At the outset, learned counsel for the appellant does not want press this appeal on merits. He made his limited prayer that in lieu of sentence, fine may be enhanced.

The allegation against the appellant is that he unuthorizedly connected Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM

electricity connection. Punchamma was prepared. Complaint was filed. After trial, he was convicted by the impugned judgment. The incident took place in the year 2008. After 14 years elapsed, he has suffered ordeal of trial as well as appeal.

In view of the arguments advanced by the counsel for the appellant and after perusing the record, the incident took place in the year 2008, about 14 years has been passed, in these situation, sentence of three months imposed by Court below under Section 138 of the Electricity Act is set off by enhancing the fine amount from Rs.5,000/- to Rs.10,000/- which shall be paid to the concerned Electricity Board by way of compensation.

The amount of compensation be deposited in the trial Court within three month from the date of receipt of certified copy of this order, failing which appellant shall undergo the original sentence awarded by the trial Court. In case, the appellant is on bail, his bail bonds stands discharged.

With the aforesaid modification, the criminal appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 4/24/2023 6:15:47 PM