apeal256.08.J.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO.256 O
F 2008
Yunus Mohammad s/o Ghasibhai Lohar
(Correct Name: Mohd. Yusuf Ghisabhai
Lohar), Aged about 54 years,
Occupation: Welding Workshop,
R/o Gulshan Nagar,
Tq. Pandharkawada Road, Yavatmal,
District Yavatmal. ....... APPELLANT
...V E R S U S...
1] The State of Maharashtra through
Police Station Officer, Police Station,
Yavatmal.
2] The Maharashtra State Electricity
Distribution Co. Ltd., through
Vilas Madhukar Hade,
Aged about 50 years,
Deputy Executive Flying Squad,
MSEDCL, Yavatmal. ....... RESPONDENT S
-------------------------------------------------------------------------------------------
Shri J.B. Kasat, Advocate for Appellant.
Shri A. Kadukar, APP for Respondent No.1.
Shri S.V. Purohit, Advocate for Respondent No.2.
-------------------------------------------------------------------------------------------
CORAM: ROHIT B. DEO , J.
DATE: th
30 NOVEMBER,
201
7 .
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apeal256.08.J.odt 2
ORAL JUDGMENT
1] The appellant is challenging the judgment and order
dated 17.05.2008 in Special Case 1/2006 delivered by the Additional Sessions Judge-2, Yavatmal, by and under which, the appellant is convicted for offence punishable under section 135 of the Electricity Act, 2003 ('Act' for short) and is sentenced to suffer simple imprisonment for six months and to payment of fine of Rs.3,71,547/- and is further convicted for offence punishable under section 138 of the Act and is sentenced to simple imprisonment for six months.
2] Heard Shri J.B. Kasat, the learned counsel for the appellant, Shri Ashish Kadukar, the learned Additional Public Prosecutor for respondent 1/State and Shri S.V. Purohit, the learned counsel for respondent 2. I am informed at the bar that the appellant-accused is ready to pay the compounding charges and the assessment charges, if the complainant company is agreeable to accept the same. The complainant company agrees to the proposal.
::: Uploaded on - 30/11/2017 ::: Downloaded on - 03/12/2017 01:27:56 ::: apeal256.08.J.odt 3 3] The compounding charges are Rs.67,000/- and the assessment charges are Rs.1,23,849/- and the total amount payable would be Rs.1,89,849/-.
4] Shri Kasat, the learned counsel states that a substantial amount is already deposited in this Court. He undertakes to make the payment of the balance amount to the complainant company within a month. The learned counsel for the complainant company Shri S.V. Purohit, on instructions, has no objection.
5] The complainant and the accused are permitted to compound the offence punishable under section 135 of the Act. The accused shall, within a month, pay the balance amount, to the complainant company.
6] Subject to the payment of the balance amount, the judgment and order shall stand set aside. The accused shall stand acquitted under section 135 of the Act.
::: Uploaded on - 30/11/2017 ::: Downloaded on - 03/12/2017 01:27:56 ::: apeal256.08.J.odt 4 7] The offence punishable under section 138 of the Act is non-compoundable in view of the judgment of the learned Single Judge of this Court in Suresh Ganpati Halvankar vs. The State of Maharashtra & Anr. Reported in 2017 ALL MR (Cri) 2778. However, in view of the developments, I deem it just and appropriate to maintain the conviction under section 138 of the Act and to alter the sentence to payment of Rs.10,000/-. The amount of fine shall be directly paid to the complainant company within a month.
8] The conviction and sentence of the accused under section 135 of the Act is set aside since the said offence is compounded. The conviction for offence punishable under section 138 is maintained and the sentence of imprisonment is substituted by sentence of payment of fine of Rs.10,000/-. 9] Needless to say, the complainant company shall be entitled to withdraw the amount deposited by the appellant with the accrual thereon, if any, from the Registry of this Court. ::: Uploaded on - 30/11/2017 ::: Downloaded on - 03/12/2017 01:27:56 ::: apeal256.08.J.odt 5 10] The criminal appeal is partly allowed and is disposed of in the above terms.
JUDGE NSN ::: Uploaded on - 30/11/2017 ::: Downloaded on - 03/12/2017 01:27:56 :::