Chand Khan vs M.P.Madhya Kshetra Vidhyut ...
2023 Latest Caselaw 4398 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. 1002 of 2010

               BETWEEN:-
               CHAND KHAN S/O SUBHAN KHAN, AGED ABOUT 50
               YEARS, R/O KASBA KUMBHRAJ THANA KUMBHRAJ
               DISTT. GUNA (MADHYA PRADESH)

                                                                                  .....APPELLANT
               (BY SHRI ANAND GUPTA- ADVOCATE )

               AND
               M.P.MADHYA KSHETRA VIDHYUT VITRAN CO.LTD.
               TH:J UNIOR ENGINEER, ARUN KUMAR SAHU VITRAN
               KENDRA    KUMBHRAJ     SAMBHAG   RAGHOGARH
               (MADHYA PRADESH)

                                                                                .....RESPONDENT
               (BY SHRI RAJENDRA BHARGAVA- 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 against the judgment dated 24.11.2010 passed by the Special Judge (Electricity Act) Chachoda, Distt. Guna, in Special Case No.No.98/2007 convicting the appellant under Section 138(b) of the Electricity Act and sentencing him to suffer one year RI with fine of Rs.10,000/-.

Brief facts necessary for disposal of this appeal are that on 9.2.2007 during inspection appellant was found using electricity despite disconnection, Signature Not Verified Signed by: MADHU SOODAN PRASAD thereby found committing theft of electricity. Complaint was filed. After trial, Signing time: 21-03-2023 09:58:47 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 9.2.2007 and appellant has been facing agony of trial for the last 15 years. Amount of fine has been deposited by him. Learned counsel for the appellant has also filed a copy of the certificate dated 10.8.2018 vide which a sum of Rs.3,03,555/- due on appellant as electricity charges has been waived under Mukhyamantri Bakaya Bijli Bil Mafi Yojna, 2018 . Therefore, jail sentence of the petitioner be reduced till rising of the Court.

Learned counsel for the respondent supported the impugned judgment. Heard learned counsel for the parties and perused the record. Looking to the facts and circumstances of the case, while maintaining the conviction of the appellant under Section 138(b) of the Electricity Act, his jail sentence is reduced till rising of the Court.

With the aforesaid, the appeal stands disposed of

(DEEPAK KUMAR AGARWAL) JUDGE ms/-

Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 21-03-2023 09:58:47 AM