Sarvan Lal vs M.P.Madhya Kshetra Vidhyut ...
2023 Latest Caselaw 2453 MP

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     IN THE HIGH COURT OF MADHYA PRADESH
                 AT G WA L I O R
                                 BEFORE
                   HON'BLE SHRI JUSTICE ROHIT ARYA
                                   &
                 SHRI J.D. SURYAVANSI, SENIOR ADVOCATE
                        ON THE 11th OF FEBRUARY, 2023
                       CRIMINAL APPEAL No. 690 of 2012

BETWEEN:-
SARVAN LAL S/O LATE SHRI HARI SINGH DHAKAD, AGED
ABOUT 52 YEARS, OCCUPATION: AGRICULTURIST R/O
VILLAGE DHANDHERA, P.S.RANNOD, DISTRICT SHIVPURI
(MADHYA PRADESH)

                                                                        .....APPELLANT
(BY SHRI AJAY SINGH RATHORE- ADVOCATE )

AND
M.P.MADHYA KSHETRA VIDHYUT VITRAN COMPANY
LIMITED, SHIVPURI THROUGH SHRI S.P.JAIN, JUNIOR
ENGINEER,      DISTRIBUTION    CENTRE,  RANNOD,
DISTT.SHIVPURI (MADHYA PRADESH)

                                                                    .....RESPONDENT
(BY SHRI RAJENDRA BHARGAV - ADVOCATE WITH SHRI RAJESH DWIVEDI -
DGM OF THE COMPANY )

      This appeal coming on for conciliation this day, the Bench            passed the
following:
                                        ORDER

This Criminal Appeal is directed under Section 374(2) of Cr.P.C. against the judgment dated 28/08/2012 passed by III Additional Sessions Judge designated as

Special Judge (under the Electricity Act, 2003), Shivpuri (Madhya Pradesh) in Special

Case No.2229/11 (Electricity Act), whereby the appellant has been convicted for offence under Section 138(1)(b) of the Act and sentenced to undergo R.I. for six

months with fine of Rs.6000/- in default to suffer R.I. for 2 months.

The alleged offence relates to theft of electricity and, therefore, is 2 of 2

compoundable in terms of section 152 of the Electricity Act (Suresh Ganpati

Halvankar Vs. The State of Mahrashtra, Criminal Appeal No.156 of 2018 arising

out of SLP (C) No. 3670/2017, referred to) The alleged offence is of the year 2011, the impugned judgment and instant appeal are of the year 2012. More than eleven years' period has passed by since the

date of alleged offence.

Under such circumstances, parties agree that the appeal may be disposed of with enhancement in fine amount and the same may be adjusted against the sentence

awarded.

Accordingly, present appeal stands disposed of with the following consent order :

The conviction of appellant as awarded by the trial Court is maintained. However, the custodial sentence is set aside. Further, the fine imposed by the trial

Court, is enhanced by Rs.2,500/- (Rupees Two Thousand and Five Hundred only)

payable to the respondent/Company. The appellant shall deposit the said enhanced fine amount (Rs.2500/-) with the respondent/Company and produce its receipt before

the trial Court within thirty days' from today, failing which he shall undergo the default

sentence as awarded by the trial Court. The fine imposed by the trial Court, shall be deposited with the trial Court, if not already deposited.

Rest of the impugned judgment is kept intact.

Appellant is on bail. Subject to depositing the fine amount, his bail bonds shall stand discharged.

    (ROHIT ARYA)                                                    (J.D. SURYAVANSI )
       JUDGE                                                               JUDGE
(and)

        ANAND
        SHRIVASTAVA
        2023.02.16
        11:11:41
        +05'30'