Sanjay Kumar vs State Of M.P.
2023 Latest Caselaw 4383 MP

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 20 th OF MARCH, 2023
                                             CRIMINAL APPEAL No. 350 of 2007

                          BETWEEN:-
                          SANJAY KUMAR S/O BABULAL , AGED ABOUT 23
                          Y E A R S , OCCUPATION:   STUDENT R/O GRAM
                          MAGARONI, THANA AND TEH. NARWAR, DISTT.
                          SHIVPURI (MADHYA PRADESH)

                                                                                           .....APPELLANT
                          (NONE FOR THE APPELLANT)

                          AND
                          STATE OF M.P. THROUGH VIDYUT MANDAL THROUGH
                          NABAB SINGH S/O MAHARAJ SINGH, KANISTH YANTRI
                          NARWAR HALL POWER VITRAN KENDRA DISTT.
                          SHIVPURI (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                          (BY SHRI RAJENDRA BHARGAV - ADVOCATE)

                                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 under Section 374 of Cr.P.C. being aggrieved by the judgment dated 21.02.2007 passed by the Special Judge, (Electricity Act) Karera, District Shivpuri, in Special S.T.No.273/2005 whereby appellant has been convicted under Section 138 of Electricity Act, 2003 and sentenced to undergo two months RI with fine of Rs.3,000/- by the trial Court.

Appeal is pending since 2007 and today i.e., 20.03.2023 it is listed in direction matter and none present on behalf of the appellant.

Heard learned counsel and perused the record. Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM

I n brief, prosecution case is that on 02.05.2005 at 10 am at Village Magrani, appellant was found using electricity by connecting the wire directly without electricity meter. Panchnama was prepared. After enquiry, complaint was filed under Section 138 of Electricity Act. Trial was conducted.

After perusal of the judgment passed by the trial court, it is found that appellant has deposited his full electricity bill of Rs.25,734/- before the electricity department, but he has not deposited the fine of Rs.3000/- as imposed by the trial court upon him, therefore, he has been convicted by the trial court for two months simple imprisonment.

In view of the aforesaid, this court finds not perversity or illegality in the

order impugned passed by the trial court, therefore, this appeal is dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 3/20/2023 9:27:21 PM