Mahesh Kushwah vs Madhya Pradesh Rajya Vidhyut ...
2023 Latest Caselaw 2463 MP

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                        BEFORE LOK ADALAT
               HON'BLE SHRI JUSTICE ROHIT ARYA
                                &
             SHRI J.D. SURYAVANSI, SENIOR ADVOCATE
                   ON THE 11 th OF FEBRUARY, 2023
                   CRIMINAL APPEAL No. 589 of 2008

BETWEEN:-
MAHESH KUSHWAH S/O SHRI RAMKISHAN SINGH
KUSHWAH, AGED - 35 YEARS, R/O VILLAGE NEW
COLONY, HARIRAM KA PURA, THANA MALANPUR
(GOHAD) DISTRICT BHIND (MADHYA PRADESH)

                                                                .....APPELLANT
(BY SHRI MUKESH SHARMA - ADVOCATE)

AND
MADHYA PRADESH RAJYA VIDHYUT MANDAL
THROUGH R.S.RAJPUT, KANISHTHA YANTRI MADHYA
PRADESH MADHYA KSHETRA VIDHYUT VITRAN
COMPANY, KENDRA MALANPUR (GOHAD) DISTRICT
BHIND (MADHYA PRADESH).

                                                              .....RESPONDENT
(BY SHRI RAJENDRA BHARGAVA - ADVOCATE WITH SHRI RAJESH
DWIVEDI - D.G.M. OF RESPONDENT 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 06.08.2008 passed by the Special Judge (under the Electricity Act 2003) Gohad, District Bhind (Madhya Pradesh) in Special Electricity Case No.92/2007, whereby the appellant has been convicted for offence under Section 135(1)(b)of the Electricity Act, 2003 (hereinafter shall be

referred to as the Act) and sentenced to undergo R.I. for two years with fine of Rs.60,426/-.

Undisputedly the offence alleged is compoundable in nature. The alleged offence under Section 135 (1)(b) of the Act is of the year 2007, the impugned judgment and instant appeal are of the year 2008. Almost 15 years' period has passed by since the date of alleged offence.

Learned counsel for the appellant submits that out of fine amount of Rs.60,426/-, appellant has already deposited Rs.26,000/- with the trial court.

Under such circumstances, parties agree that the appeal may be disposed o f with direction to the trial court to disburse the amount of fine, already

deposit, to the respondent Company.

Prayer accepted.

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

T he conviction of appellant under Section 135 (1)(a) of the Act is maintained. However, the custodial sentence is set aside and the fine sentence is reduced to the amount of fine already deposited with the trial court. The trial court is directed to disburse the same to the respondent Company.

Rest of the impugned judgment is kept intact. Appellant is on bail. His bail bonds stand discharged.

    (ROHIT ARYA)                                              (J.D. SURYAVANSI )
       MEMBER                                                     MEMBER
  SP
SANJEEV
KUMAR PHANSE
2023.02.17
16:46:35 +05'30'