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2022 Supreme(Raj) 2802

PUSHPENDRA SINGH BHATI
Sanjeev Kumar Sharma – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Pradeep Shah. Mr. CS Rathore., for the Appellant; Mr. Mahipal Bishnoi, PP. Mr. Vikram Choudhary., for the Respondent

ORDER

1. This Criminal Appeal has been preferred under Section 374(2) Cr.P.C. praying for the following reliefs:-

    "It is, therefore, most humbly prayed that your Lordships may graciously be pleased to allow this criminal appeal and the impugned judgment and order dated 14.06.2017 passed by learned Special Judge, Electricity Act Cases, Jalore, convicting and sentencing the appellant for the offence under Sections 138 of the Act of 2003, may kindly be quashed and set aside and the appellant may kindly be acquitted for the said offence."

    2. The matter pertains to an incident that occurred in the year 2013 and the present appeal has been pending since 2017.

    3. Vide impugned judgment dated 14.06.2017, the learned Special Judge, Electricity Act Cases, Jalore in Session Case No.5/2013 convicted the accused-appellant for the offence under Section 138 of Electricity Act and sentenced him to undergo one year imprisonment, along with a fine of Rs. 10,000/-, default in payment of which he was ordered to further undergo three months’ simple imprisonment.

    4. Learned counsel for the appellant has pointed out that the accused-appellant has deposited the civil liability of Rs.9,35,777/-, which is noted

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