The offence under Section 135 of the Electricity Act is compoundable, allowing for acquittal upon settlement.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 374(2) and Section 482 - Electricity Act - Section 135 and Section 152 - Appeal against conviction for electricity theft - Appellant convicted and sentenced to pay civil liability and imprisonment - Settlement reached with payment made by appellant - Court allows compounding of offence under Section 320(5) of CrPC - Appellant acquitted. (Paras 1-4)

(B) Compounding of Offences - The court recognized the compounding of the offence as permissible under the law, leading to the acquittal of the appellant. (Paras 4-5)

Facts of the case:
The appellant was convicted for theft of electricity and sentenced to pay a civil liability of Rs. 12,37,000/- and undergo one year of rigorous imprisonment. A settlement was reached where the appellant paid Rs. 8,65,900/-. (Paras 2-3)

Findings of Court:
The court accepted the settlement and allowed the compounding of the offence, resulting in the acquittal of the appellant. (Paras 4-5)

Issues: The main issue was whether the offence could be compounded and the implications of the settlement reached. (Paras 3-4)

Ratio Decidendi: The court held that the offence under Section 135 of the Electricity Act is compoundable, and upon settlement, the appellant is entitled to acquittal. (Paras 4-5)

Result: Appeal allowed; appellant acquitted.

ORDER

1. The present appeal under Section 374(2) read with Section 482 of the Code of Criminal Procedure, 1973 seeks following prayers:-

“In view of the aforesaid, it is therefore most respectfully prayed that this Hon'ble Court may kindly Set aside/quash the Judgment of Conviction dated 19.9.2013 and order on sentence dated 27.9.2013 passed by Sh Raj Kumar Chauhan Ld Additional Sessions Judge, Electricity, North West, Rohini Courts, {Trial Court} in Sessions Case No. 28/2009, arising from FIR No. 33/2008 Police Station Keshav Puram, Delhi under section 135 of the Electricity Act.

This Hon'ble Court may also pass any other or further order/s as this Hon'ble Court deem fit and proper in the facts and circumstances of the case.”

2. Vide the impugned judgment of conviction and order on sentence dated 19.09.2013 and 27.09.2013, the present appellant was convicted for an offence under Section 135 of the Electricity Act and was directed to pay a sum of Rs. 12,37,000/- as a civil liability and further sentenced to undergo rigorous imprisonment for a period of 1 year.

3. Learned counsel appearing on behalf of the appellant and learned counsel appearing on behalf of the respondent submits that the matter has now been settled and as per the settlement the appellant has paid an amount of Rs. 8,65,900/- the same has been recorded in the order dated 21.03.2024, passed by Sh. Jitender Singh, ASC Electricity North. A Copy of the said order has been handed up in Court today and the same is taken on record. It is further submitted that in pursuance of the same execution proceedings filed on behalf of the respondent have also been disposed of. It is pointed out that the offence is compoundable Section 152 of the Electricity Act.

4. In view of the above, this Court allows the compounding under Section 320(5) of the CrPC and the appellant stands acquitted.

5. The present appeal is disposed of in the aforesaid terms.

6. Pending application(s), if any, also stand disposed of.

7. Order be uploaded on the website of this court forthwith.

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2024 Supreme(Online)(DEL) 29016

HIGH COURT OF DELHIAmit Sharma, JNARESH KUMAR – AppellantVersusSTATE – RespondentCRL.A. 1328/2013

The offence under Section 135 of the Electricity Act is compoundable, allowing for acquittal upon settlement.

HIGH COURT OF DELHI
Amit Sharma, J
NARESH KUMAR – Appellant
Versus
STATE – Respondent
CRL.A. 1328/2013