IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH st ON THE 21 OF JANUARY, 2026 CRIMINAL APPEAL No. 978 of 2006 SHANKAR GUPTA Versus M.P.S.E.B. Appearance:

Shri Ravikant Patel - Advocate for the appellant.

Shri Dhanraj Singh Choudhary - Advocate for the respondent - M.P.S.E.B.

JUDGMENT The appellant has filed this criminal appeal being aggrieved by the judgment dated 21.4.2006 passed in Case No.01 of 2006 by learned Special Judge, Sehore, District Jabalpur whereby the appellant has been convicted and sentenced to undergo R.I. for four months and fine of Rs.15,000/- with default stipulation of three months R.I.

2. It is seen that the appellant was tried for making theft of electricity while using it for a cycle puncture shop.

3. At the outset learned counsel for the appellant submits that he is not pressing this appeal on merits. He prays that the conviction and sentence may be reduced to the period already undergone by the appellant and the fine amount may be raised.

4. Shri Dhanraj Singh Choudhary learned counsel for the respondent has no objection if the prayer as advanced by learned counsel for the appellant is allowed.

5. Perused the statements of PW-1- Satish Pargaonkar, PW-2-

Devendra Sen, PW-3-Shashikant and PW-4-Shambhudayal. Statement of accused under Section 313 of Cr.P.C. were recorded. Also perused the statements of Kishore Singh Patel - defence witness. It is seen that the conviction is well justified. Accordingly, appeal against conviction is rejected.

6. It is seen that the accused was tried summarily and under Section

135 of Electricity Act 2003 jail sentence is not compulsory. Infact under Section 135 of Electricity Act 2003 an accused can be punished with the term of R.I. for three months which may extend to three years or with fine or with both. Learned trial court has punished the accused to undergo R.I. for four months and with fine of Rs.15,000/-.

7. After delivery of the judgment dated 21.4.2006 by learned trial court, the appellant was released on bail by the order of this High Court vide dated 19.5.2006.

8. Learned counsel for the appellant fairly submits that although he is not in possession of copy of receipt of deposit of fine of Rs.15,000/- but the appellant has deposited the fine amount of Rs.15,000/- by Receipt No.94, Book No. 12005, dated 22.4.2006 which is mentioned in first page of memo of appeal.

9. In the considered view of this court in the facts and circumstances of the case this court deems fit to enhance the fine amount from Rs.15,000/- to Rs.17,000/- to be deposited by the appellant within fifteen working days from today. The fine amount deposited earlier shall be adjusted from the fine of Rs.17,000/- after making verification by learned trial court. In case of failure to deposit the fine amount then the appellant will have to undergo default sentence as awarded by learned trial court.

10. The appeal is disposed of accordingly.

11. Record of the trial court be sent back.

(AVANINDRA KUMAR SINGH)

JUDGE bks