Pothiram vs Madhya Pradesh Madhya Vidyut ...
2023 Latest Caselaw 489 MP

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        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                                      BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                       ON THE 9th OF JANUARY, 2023

                   CRIMINAL APPEAL NO.120 OF 2009

       BETWEEN:-

       POTHIRAM    S/O  SHRI  MUNNULAL
       KUSHWAH, AGED ABOUT 50 YEARS,
       VILLAGE AMRA THANA DEEPAR DIST.
       DATIA (MADHYA PRADESH)
                                                                 ........APPELLANT

       (NONE FOR THE APPELLANT)

       AND

       MADHYA PRADESH MADHYA VIDYUT
       VITRAN   COMPANY   LIMITED    THR
       SAHAYAK YANTRI SEONDHA DIST. DATIA
       (MADHYA PRADESH)


                                                               ........RESPONDENT

       (BY SHRI VIVEK JAIN - ADVOCATE)

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       This appeal coming on for direction this day, the Court passed
the following:
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                                      ORDER

This appeal is pending since 2009. This appeal has been filed by the appellant against the judgment dated 29.01.2009 passed by Special Judge (Electricity Act) Seondha District Datia (M.P.) in Special Case

No.419/2006, whereby the appellant has been convicted and sentenced as under:-

            Section          Sentence        Fine (Rs.)        Default
                                                            Stipulation
   135(1) of Electricity    3 months RI        6000/-       1 Months RI
           Act

Present appeal has been filed on the ground that false allegation has been made against the appellant. Appellant is having electricity connection in the name of his father. Nothing has been seized from the appellant.

Learned counsel for the respondent submits that the matter pertains to theft of electricity and appellant was alleged to have committed theft of electricity. Hence, no case for interference is made out.

Upon perusing the record, this Court is of the view that learned trial Court has not committed any error in convicting the appellant. Hence, the appeal preferred by the appellant stands disposed of while maintaining the conviction recorded by the trial Court and the sentence of three months R.I. awarded by the court below is converted into simple imprisonment till rising of the court before the court below. The payment of fine imposed as above setting off the amount paid earlier.

Copy of the judgment be sent to the trial Court for information and necessary compliance.

Criminal appeal stands disposed of with the aforesaid directions.

     Digitally signed
     by YOGENDRA
                                         (DEEPAK KUMAR AGARWAL)
ojha OJHA                                        JUDGE
     Date: 2023.01.10
     10:33:01 +05'30'