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DELHI HIGH COURT
S.P.Garg, J.
Vimlesh - Appellant
Versus
BSES Rajdhani Power Ltd. & Anr. - Resopndent
CRL.A. 1168/2012 & CRL.M.A.No. 17574/2012
Decided On : 24-04-2014
Electricity Act - Settlement of Electricity Offence - The appellant was acquitted of the charge under Section 135 of Electricity Act, 2003, as the matter was settled and compounded, leading to the release of the civil liability amount and retention of the fine deposited.
Fact of the Case:
The appellant challenged the judgment of the Trial Court convicting her under Section 135 of Electricity Act, 2003 and imposing a fine and civil liability.
Finding of the Court:
The court accepted the appeal in terms of the settlement, acquitted the appellant of the charge, and ordered the release of the civil liability amount and retention of the fine deposited.
Issues: Challenge to the correctness and legality of the Trial Court's judgment convicting the appellant under Section 135 of Electricity Act, 2003.
Ratio Decidendi: The matter was settled and compounded, leading to the acquittal of the appellant and the release of the civil liability amount and retention of the fine deposited.
Final Decision: The appeal was accepted, the appellant was acquitted, and the civil liability amount was released to the respondent, while the fine deposited was retained.
S.P.Garg, J. (Open Court)
1. Smt. Vimlesh (the appellant) has presented the appeal to challenge the correctness and legality of a judgment dated 16.08.2012 of learned Addl. Sessions Judge, Special Electricity Court, Saket Courts, New Delhi in Complaint Case No. 122/09 PS Amar Colony, New Delhi, whereby she was convicted under Section 135 of Electricity Act, 2003. By an order dated 04.09.2012, she was sentenced to undergo RI for one and a half years. Rs. 7,89,306/- was imposed as fine. The civil liability was determined Rs. 5,26,204/-.
2. The matter was referred for settlement to Lok Adalat. However, the dispute could not be resolved there. Admittedly, the appellant has deposited Rs. 75,000/- in compliance of the order dated 05.10.2012 with the respondent/BSES Rajdhani Power Limited. Counsel for the respondents has stated that Rs. 3.19 lacs were deposited towards civil liability by the appellant in the Trial Court. The appellant who is a widow; has lost her husband on 07.02.2011; dependent upon widow pension has prayed to take compassionate view to reduce the fine/civil liability amount. On instructions from the respondents, Mr. M.S.Vinaik, Advocate has stated that considering the peculiar circumstances of the case and economic condition of the appellant, the respondent/BSES Rajdhani Power Limited has no objection if the matter is disposed of as settled/compounded. Amount of Rs. 3.19 lacs deposited by the appellant before the Trial Court be released to the respondent/BSES Rajdhani Power Limited. The appellant need not to deposit any further amount. To this, the appellant who is present in person has no objection.
3. In view of the statement made by the learned counsel for the respondents, the appeal is accepted in terms of the settlement. Since the offence stands compounded, the appellant is acquitted of the charge. The amount of Rs. 75,000/- deposited by the appellant in compliance of the order dated 05.10.2012 will be retained by the respondent/BSES Rajdhani Power Limited. The amount of Rs. 3.19 lacs deposited by the appellant before the Trial Court shall be released to the respondent/BSES Rajdhani Power Limited, as per rules.
4. The appeal stands disposed of. Pending application also stands disposed of. Trial Court record be sent back forthwith with the copy of the order.
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