Smt. Vimlesh vs Bses Rajdhani Power Ltd. & Anr.
2014 Latest Caselaw 2056 Del

$-6
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    DECIDED ON : 24th APRIL, 2014

+            CRL.A. 1168/2012 & CRL.M.A.No. 17574/2012

      SMT. VIMLESH                                      ..... Appellant

                        Through :    Appellant is present in person.


                        versus

      BSES RAJDHANI POWER LTD. & ANR.                   ..... Respondents

                        Through :    Mr.M.S.Vinaik, Advocate with
                                     Ms.Surabhi Aggarwal, Advocate.


       CORAM:
       HON'BLE MR. JUSTICE S.P.GARG

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. ` 7,89,306/- was imposed as fine. The civil liability was

determined ` 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 ` 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 ` 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 ` 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 ` 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 ` 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.

(S.P.GARG) JUDGE APRIL 24, 2014 / tr