Surendra Kumar vs M.P.M.K.V.V.Co.Ltd.
2023 Latest Caselaw 9631 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 26 th OF JUNE, 2023
                                             CRIMINAL APPEAL No. 746 of 2011

                          BETWEEN:-
                          SURENDRA KUMAR S/O SHRI MUNSHILAL SHARMA,
                          AGED ABOUT 38 YEARS, R/O POLYTECHNIC KE BAGAL
                          SE,MUDIYAKHERA    BAI    PAS   AMBAH,MORENA
                          (MADHYA PRADESH)

                                                                                          .....APPELLANT
                          (BY SHRI BHAGWAT SAHAY- ADVOCATE )

                          AND
                          M.P.M.K.V.V.CO.LTD. TH: SHRI RAMAVTAR RAJAT
                          KANISTHA YANTRI,JEEGNI,DISTT. MORENA (MADHYA
                          PRADESH)

                                                                                       .....RESPONDENTS
                          (NONE FOR THE RESPONDENT)

                                Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                              ORDER

This appeal has been filed by the appellant against the judgment dated 30.08.2011 passed by Second Additional Sessions Judge and Special Judge Electricity Act, Morena Distt. Morena in Special Case No.553/2005 convicting the appellant under Section 135 (1)(a) of the Electricity Act and sentencing him to suffer three months RI with fine of Rs.93,332/-.

Brief facts necessary for disposal of this appeal are that on 24.09.2005 during inspection appellant was found using electricity despite disconnection, thereby found committing theft of electricity. Complaint was filed. After trial, Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/27/2023 11:23:19 AM

appellant has been convicted as aforesaid.

Learned counsel for the appellant/accused submitted that he does not want to challenge the conviction of the appellant for the aforesaid offence. As regards sentence, it is submitted by learned counsel for the appellant that incident took place on 24.09.2005 and appellant has been facing agony of trial for the last 19 years. Therefore, jail sentence of the 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 (1)(a) of the Electricity Act, subject to deposit of fine amount of Rs.93,332/-, his jail sentence is reduced till rising of the Court.

With the aforesaid, the appeal stands disposed of.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/27/2023 11:23:19 AM