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DELHI HIGH COURT
S.P. Garg, J.
Narayan Singh —Appellant
versus
BSES Rajdhani Power Ltd. —Respondent
Criminal Appeal No. 311 of 2012
Decided on 3.9.2013

Counsel for the Parties:
For the Appellant:Mr. Gautam Panjwani with Mr. Rahul Malik, Advocates.
For the Respondent:Mr. Deepak Pathak, Advocate.

Headnote:Electricity Act, 2003—Section 135—Conviction under and sentence of fine of Rs. 3,00,025/- with default sentence and assessment of civil liability at Rs. 2,00,017—Appeal—Settlement between parties with assistance of High Court mediation centre—Settlement recorded and dues of respondent paid by appellant—Appellant was entitled to acquittal in view of compromise. (Para 2)

JUDGMENT (ORAL)

S.P. Garg, J.— Narayan Singh (the present appellant) was convicted under Section 135 Electricity Act, 2003 in Complaint Case No.304/11/06 by a judgment dated 18.01.2012 of learned Additional Sessions Judge, Special Electricity Court, Dwarka. By an order dated 23.01.2012, he was sentenced to pay fine of ‘3,00,025/- and in default of payment of fine to undergo SI for five months. Civil liability was assessed as ‘2,00,017/-. Narayan Singh challenged the conviction and sentence before this Court in appeal. The appeal was admitted for hearing. The sentence was suspended subject to his depositing the fine amount within a period of one month.

2. During the course of proceedings the matter was referred to Mediation to enable the parties to arrive at settlement. It is informed that the matter has since been settled between the parties and the respondent company has got the dues. The respondent has no objection to dispose of the appeal as settled/compounded. Settlement Agreement dated 25.07.2012 was executed before the Delhi High Court Mediation and Conciliation Centre between the parties. The terms and conditions of the settlement have been complied with. The offence stands compounded. The respondent has got all the charges agreed to be payable by the appellant in the said settlement. Since the offence has been compounded, the appeal filed by the appellant is accepted. The judgment and sentence are set aside and the appellant is acquitted of all the charges.

3. The appeal stands disposed of in the above terms.

Appeal allowed.

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