Ghanshyam Yadav vs Rajendra Kumar Pathak
2023 Latest Caselaw 2456 MP

                                  1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                 BEFORE NATIONAL LOK ADALAT
               HON'BLE SHRI JUSTICE ROHIT ARYA
                               &
             SHRI J.D. SURYAVANSI, SENIOR ADVOCATE
                   ON THE 11 th OF FEBRUARY, 2023
                  CRIMINAL APPEAL No. 438 of 2013

BETWEEN:-
GHANSHYAM YADAV S/O SHRI RAJARAM YADAV,
AGED ABOUT 42 YEARS, OCCUPATION: AGRICULTURE
R/O VILLAGE KUND P.S. DINARA,TEHSIL KARERA,
DISTRICT SHIVPURI (MADHYA PRADESH)

                                                              .....APPELLANT
(BY SHRI MANOJ DWIVEDI - ADVOCATE )

AND
RAJENDRA KUMAR PATHAK OCCUPATION: NAGAR
NIRIKSHAK   P.S.PICHORE,SHIVPURI (MADHYA
PRADESH)

                                                           .....RESPONDENTS
(BY SHRI A.K.NIRANKARI - PUBLIC PROSECUTOR WITH SHRI RAJENDRA
BHARGAV - ADVOCATE FOR MADHYA PRADESH MADHYA KSHETRA
VIDYUT VITRAN COMPANY LTD. AND 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 of Cr.P.C. against the judgment dated 25/05/2013 passed by Special Judge (under the Electricity Act, 2003), Pichhore, District Shivpuri (Madhya Pradesh) in Special Sessions Trial No.647/11, whereby the appellants have been convicted for offence under Section 136 of the Act and sentenced to undergo S.I. for six months with fine

of Rs.100/- in default to suffer S.I. for 1 month.

The alleged offence is of the year 2008. More than fourteen years' period has passed by since the date of alleged offence. The offence is of trivial nature. The long pendency of this appeal, as a matter of fact, has defeated the cause of justice.

Under such circumstances, ends of justice shall be subserved if the appeal is 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, 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 Madhya Pradesh Madhya Kshetra Vidyut Vitran Company Ltd. (MPMKVVCL). The appellant shall deposit the said enhanced fine amount (Rs.2500/-) with the MPMKVVCL 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 )
ANAND              MEMBER                                                    MEMBER
SHRIVASTA
VA
2023.02.16   (and)
11:01:07
+05'30'