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2014 Supreme(Del) 2917

S.P.GARG
Vimlesh – Appellant
Versus
BSES Rajdhani Power Ltd. – Respondent


Advocates:
For the Petitioner: Appellant is present in person.
For the Respondents:Mr. M.S. Vinaik, Advocate with Ms. Surabhi Aggarwal, Advocate.

JUDGMENT :

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 conside



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