JUDGMENT :

MANOJ KUMAR GARG, J.

1. The matter comes up on an application under Section 5 of Limitation Act for condonation of delay in filing the appeal.

2. For the reasons mentioned in the application, the application is allowed. The delay in filing the appeal is hereby condoned.

3. The appellant JVVNL has filed the present Criminal leave to Appeal under Section 378(iv) Cr.P.C. against the judgment dated 17.01.2023 passed by learned Special Judge (Electricity Theft Cases), Srigangangar in Criminal Case No. 85/2013 whereby the accused respondent has been acquitted from the offences under Section 135 of Electricity Act, 2003.

4. Brief facts of the case are that the complainant Rajaram Jakhar, Executive Engineer, Srikaranpur, Jodhpur Discom lodged a written report that on 08.10.2013, the accused respondent was found stealing electricity from the L.T. line. On this report a FIR No. 230/2012 was registered against the respondents for offence under Section 135 of Electricity Act and investigation commenced. After investigation, challan was presented against the respondent for offence under Section 135 of Electricity Act.

5. The trial Court framed charge against the accused respondent for the