Delhi High Court
Shamsuddin vs Bses Rajdhani Power Ltd. on 17 December, 2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Dated of decision: 17.12.2014
+ CRL.A. 1137/2013 & Crl. MB 1805/2013 & Crl. MA 2604/2014
SHAMSUDDIN
..... Appellant
Through: Mr Rahul Thakral, proxy counsel with
appellant in person
versus
BSES RAJDHANI POWER LTD.
..... Respondent
Through: Mr Deepak Pathak, Adv. for BSES RPL
%
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
: SUNITA GUPTA, J. (ORAL)
1. The appellant - Shamsuddin has preferred this appeal under Section 374 of the
Code of Criminal Procedure, 1973 challenging the impugned judgment dated 29.07.2013
passed by learned Special Electricity Court, Dwarka, New Delhi whereby the appellant
was convicted under Section 135 of the Electricity Act, 2003 in Complaint Case No.
679/10/08 and order on sentence dated 31.07.2013 whereby he was sentenced to pay fine
of Rs.4,20,000/-, in default to undergo simple imprisonment for a period of six months.
As per the provisions of Section 134 (5) of the Act, civil liability of Rs.2,76,451/-was
also fixed on account of loss suffered by the complainant company due to the act of the
convict.
2. The complaint was filed against the appellant on the allegations that on
11.03.2008 at 12.30 pm, a joint inspection team headed by Mr G.L. Meena - Manager of
the complainant company inspected the premises bearing number A-70, Gali No.3,
Mahavir Extension, Part-II, 40 Feet Road, New Delhi-45. The accused were the users of
the inspected premises. The accused no.2 was also the owner of the inspected premises.
No electricity meter was found installed in the premises. The accused were indulging in
direct theft of electricity by tapping the electricity from LV Mains of the complainant
with the help of wires which were further connected to the connected load of the
inspected premises. A connected load of 7.760 KW was found for non-domestic
purposes. An assessment bill for theft of electricity was raised against the appellant
which remained unpaid as such the complaint was filed.
3. During the pendency of appeal, the matter was referred to Delhi High Court
Mediation & Conciliation Centre for making an endeavour for an amicable resolution of
the disputes. Asettlement was arrived at between the parties on the following terms:
(i) Whereas Crl. A. No.1137/2013 was filed by the First Party against the
Second Party for quashing of judgment dated 29.07.2013 and sentenced /
fine dated 31.07.2013 passed by Shri Suresh Kumar Gupta, Additional
Sessions Judge , Electricity Court, Dwarka, Delhi in Complaint
No.679/10/08 titled as "BSES Rajdhani Limited v Shamsuddin & Anr"
whereby the Ld. Additional Sessions Judge fixed the civil liability of
Rs.2,76,451/- and a fine of Rs.4,20,000/- in the matter.
(ii) The First Party has deposited a sum of Rs.1,30,000/- with the Second
Party towards the civil liability.
(iii) That the case has been settled in full and final settlement for a sum of
Rs.2,48,806/- towards the civil liability, the parties agree that in addition
to the said sum of Rs.1,30,000/-, the First Party will pay the Second Party
a sum of Rs.1,18,806/-. The said sum of Rs.1,18,806/- will be paid by the
First Party to the Second Party in cash in five instalments as under:-
(a) A sum of Rs.25,000/- shall be paid by the First Party to the Second
Party on 20.04.2014.
(b) A sum of Rs.25,000/- shall be paid by the First Party to the Second
Party on 20.05.2014.
(c) A sum of Rs.25,000/- shall be paid by the First Party to the Second
Party on 20.06.2014.
(d) A sum of Rs.25,000/- shall be paid by the First Party to the Second
Party on 20.07.2014.
(e) A sum of Rs.18,806/- shall be paid by the First Party to the Second
Party on 20.08.2014.
(iv) That the second party has no objection to the waiver of the fine of
Rs.4,20,000/- imposed on the first party and shall not insist for payment of
the said fine.
(v) Whereas the second party has no objection, if the present Crl. A.
No.1157/2013 is disposed of and judgment dated 29.07.2013 and sentence
/ fine dated 31.07.2013 passed by Shri Suresh Kumar Gupta, ASJ,
Electricity Court, Dwarka Courts, Delhi in Complaint No.679/10/08 titled
as "BSES Rajdhani Limited v Shamsuddin & Anr."is set aside /
compounded / waived after the full and final payment towards civil
liability qua first party as aforesaid.
4. It is submitted by the appellant that he had deposited the amount as per
settlement, which fact has been verified by Counsel for the respondent - BSES RPL. The
respondent - BSES RPL has also given no objection to the waiver of fine of
Rs.4,20,000/- imposed upon the appellant.
5. Keeping in view all the facts and circumstances, the appeal is accepted in terms of
settlement arrived at between the parties. Since the offence alleged against the appellant
stands compounded, the impugned judgment and order on sentence dated 29.07.2013 and
31.07.2013 are set aside and the appellant is acquitted of the offences with which he was
charged with.
The appeal as well as all pending applications stand disposed of.
Trial Court record be returned alongwith a copy of this order.
SUNITA GUPTA, J
DECEMBER 17, 2014/rd
