( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1842 OF 2010 The State of Maharashtra & another APPLICANTS VERSUS Shaikh Papa Talib RESPONDENT .... Mr. V.D. Godbharle, APP for the applicants/State. Mr. A.K. Chitnis, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 28th September, 2010] PER COURT : 1. Heard. 2. The application is for leave to appeal. 3. The learned Chief Judicial Magistrate, Osmanabad convicted the respondent for offence punishable under section 39 read with section 44 of the Indian Electricity Act. The learned Sessions Judge, however, acquitted the respondent, on the premise that the investigation was incomplete and that the respondent was not present at the spot when the investigation was carried out by the Dy. Executive Engineer of the flying squad. Though the trial Court held that the electricity connections stood in the name of the respondent, yet, the first Appellate Court came to the conclusion that he is not ( 2 ) the consumer. The first Appellate Court observed that there is no documentary evidence about the premises in which the flour mill has been installed. The question is whether the respondent tampered the electricity meter and thereby committed theft of electricity. The trial Court recorded findings based on enquiry report (Exh-19) and the bills, etc. It appears that there are conflicting findings of the trial Court and the first Appellate Court on material issues involved in the appeal. Therefore, the leave to appeal is granted. Mr. A.K. Chitnis waives service for the respondent and as such, no action under section 390 of the Criminal Procedure Code is called for. The application is accordingly allowed. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln1842-10