Bramhkumar Sharma vs M.P. M. Che. V.V. Co. Ltd.
2023 Latest Caselaw 10036 MP

                                                            1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 3 rd OF JULY, 2023
                                           CRIMINAL APPEAL No. 8008 of 2023

                         BETWEEN:-
                         BRAMHKUMAR SHARMA S/O SHRI RAMSWAROOP
                         SHARMA, AGED ABOUT 39 YEARS, RESIDENT OF
                         VILLAGE SALIMPUR POLICE STATION ATER, DISTRICT
                         BHIND (MADHYA PRADESH)

                                                                                        .....APPELLANT
                         (SHRI AMIT KUMAR GOSWAMI, LEARNED COUNSEL FOR THE
                         APPELLANT)

                         AND
                         M.P. M. CHE. V.V. CO. LTD. THROUGH DHRI D R SAHU
                         KANISTH YANTRI VITRAN KENDRA ATER DISTRICT
                         BHIND (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                         (NO ONE APPEARS FOR THE RESPONDENT- MPEB)

                               This appeal coming on for admission this day, th e court passed the
                         following:
                                                           JUDGMENT

This criminal appeal under Section 374 of CrPC has been filed by the appellant against the judgment dated 15-06-2023 passed by Special Judge (Electricity Act), Bhind in Case No. 44 of 2019 (Electricity) convicting the appellant under Section 135 of the Electricity Act and sentencing him to suffer three months RI with a direction to deposit penalty amount to the tune of Rs.1,11,360/- with default stipulation.

According to prosecution case, the incident is stated in such a way that on 20-09-2018 at around 01:25 pm, at village Salimpur, PS Ater, District Bhind, Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM

inspection team of Electricity Department conducted a surprise inspection of premises of the accused- appellant and found that from 25 KBA LT of transformer, the appellant himself by illegally using non-domestic electricity on milk dairy in his own house by inserting three wires, committed theft of electrical energy to the tune of Rs.84,895/- On the basis of which offence under Section 135 of the Electricity Act was registered. After completion of investigation and other formalities, charge sheet was filed before the Court below from where the case was committed to the Special Court for its trial. After conclusion of trial, the trial Court convicted and sentenced the appellant as stated above.

Learned counsel for the appellant submitted that he does not want to challenge conviction of appellant for aforesaid offence. As regards sentence, it is submitted that the incident took place on 20-09-2018 and the appellant has been facing agony of trial for the last more than four and half years. It is further contended that the learned trial Court in para 36 of its judgment has held that on depositing the amount of penalty by appellant- accused, the amount of civil liability fixed as compensation to the complainant- Electricity Company should be given as compensation to the tune of Rs.74,240/- and on appeal, the civil liability should be settled as per the order of appellate Court and if accused has paid any amount of civil liability in relation to this case to complainant- Electricity Company, then it will be adjusted in the above amount to complainant's knowledge. It is further contended that as per provisions of Section 135 of Electricity Act, there is no civil liability on the appellant as out of the penalty amount of Rs.1,11,360/-, Rs.74,240/- has already been deposited with Electricity Company. Copy of the receipt has been filed at Page No.23 of

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM

this appeal. Therefore, jail sentence of appellant may be reduced till rising of the Court on such terms and condition this Court deems fit and proper.

Heard learned counsel for the appellant and perused the record. Looking to the facts and circumstances of the case, while maintaining the conviction of the appellant under Section 135 of the Electricity Act, jail sentence of the appellant is reduced till rising of the Court in the light of contention advanced by the counsel for the appellant to the effect that there is no civil liability on the appellant as out of penalty amount of Rs.1,11,360/-, an amount of Rs.74,240/- has already been deposited with Electricity Company.

A copy of this judgment be provided to respondent's Counsel MPEB for information as well as a copy of this judgment be sent to the Court below.

With the aforesaid modification, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/4/2023 10:55:41 AM