Ajmer Vidyut Vitran Nigam Limited vs Kesarimal
2022 Latest Caselaw 11162 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Appeal No. 504/2022

Ajmer Vidyut Vitran Nigam Limited, Regd. Office Vidhyut Bhawan
Panchsheel Nagar Makadwali Road Ajmer Through Executive
Engineer (O And M), A.v.v.n.l. Nagaur (Officer In Charge Of
Case)
                                                                   ----Appellant
                                   Versus
1.      Kesarimal S/o Shivchand, Aged About 51 Years, R/o
        Infront Of Ramdwara Rathori Kuwa, Nagaur.
2.      Navratan S/o Chaturbhuj, Aged About 48 Years, Gogelav
        Phatak Dist. Nagaur.
                                                                ----Respondents


For Appellant(s)         :     Mr. Vikram Choudhary
For Respondent(s)        :     Mr. Chetan Prakash Soni
                               Mr. Piyush Chouhan



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

07/09/2022

1.   This Criminal Appeal under Section 374 Cr.P.C. has been

preferred against the judgment dated 31.01.2020 passed by

learned Additional Sessions Judge No.1, Nagaur in Criminal

Original Case No.11/12 (Computer No.26/14) whereby the learned

court acquitted the accused-respondents for the charge under

Section 135 of Electricity Act, 2003.

2.   Learned counsel for the appellant-Corporation submits that

there is sufficient proof on the record which points to the

culpability of the respondents, for the charges levelled against the

respondents herein, for the offence under the Section 135 of the

Electricity Act, 2003.


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                                   3.    It is clear from the impugned order that the civil liability of

                                   the respondents ought to be discharged.

                                   4.    Looking into the overall facts and circumstances of the case

                                   and on a perusal of the record, and taking into consideration the

                                   principles, regarding powers of an appellate Court while dealing

                                   with an order of acquittal, as laid down by the Hon'ble Apex Court

                                   in the case of Chandrappa & Ors. v. State of Karnataka

                                   (2007) 4 SCC 415, this Court does not find a case to be made

                                   out, so as to warrant its interference, in the impugned judgment

                                   of acquittal except for the recovery of civil liability.

                                   5.    In view of the above, this Court disposes of the present

                                   appeal, while maintaining the impugned judgment of acquittal, but

                                   simultaneously directing the accused-respondents to pay the

                                   amount of civil liability, in full, within a period of three months

                                   from today. In case, any amount has already been deposited

                                   against    the   demand        in     question,         the      same   shall   be

                                   excluded/adjusted against such demand. It shall be open for the

                                   appellant-Corporation to recover the amount of civil liability, in the

                                   manner as it deems fit.

                                         All pending applications also stand disposed of.



                                                                 (DR.PUSHPENDRA SINGH BHATI), J.

47-Zeeshan

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