Gudda Lodh vs Madhya Pradesh East Arera Electrictiy
2024 Latest Caselaw 15472 MP

Madhya Pradesh High Court

Gudda Lodh vs Madhya Pradesh East Arera Electrictiy on 22 May, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1
                            IN      THE     HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                  ON THE 22 nd OF MAY, 2024
                                          MISC. CRIMINAL CASE No. 19598 of 2024

                           BETWEEN:-
                           GUDDA LODH S/O LACCHU LODH, AGED ABOUT 62
                           YEARS, R/O CHANDORA POLICE STATION AJAYGARH
                           DISTRICT PANNA (MADHYA PRADESH)

                                                                                         .....APPLICANT
                           (BY SHRI RAJMANI SINGROUL - ADVOCATE)

                           AND
                           MADHYA PRADESH EAST ARERA ELECTRICTIY
                           DISTRIBUTION COMPANY LIMTED PANNA DISTRICT
                           PANNA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (NONE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

This petition under Section 482 of Cr.P.C. has been filed for seeking

extension of period for depositing the fine amount which was directed to be paid within a period of one month under the judgment passed in Criminal Appeal No.718/2007 vide order dated 30.04.2024.

2. The respondent was not represented in the Criminal Appeal No.718/2007 and that appeal was decided in the absence of counsel for respondent, therefore, this Court finds no necessity to get the notice served upon respondent on this petition.

3. The arguments of the counsel for applicant have been heard. Under the

Criminal Appeal No.718/2007 the conviction of applicant under Section 135 of Electricity Act, 2003 passed in Special Case No.145/2005 by Additional Sessions Judge and Special Judge Electricity Act, Panna vide judgment dated 13.03.2007 was upheld and only the sentence was modified. This Court had set aside the term of imprisonment of one year and enhanced the fine amount to Rs.30,000/- as against the fine awarded by the trial Court of Rs.2,000/- and for the payment of this enhanced amount 30 days period was granted. This petition has been filed for the extension of that period.

4. Considering the facts mentioned in the petition supported by unrebutted affidavit, the petition is allowed and the period of 30 days is further

extended henceforth for depositing the fine amount.

5. This petition is accordingly disposed of.

6. Let a copy of this order be sent to the Court below for information and necessary compliance.

(ANURADHA SHUKLA) JUDGE NP