Delhi High Court
Hari Prakash & Anr. vs Bses Rajdhani Power Ltd. & Anr. on 24 September, 2014
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24th September, 2014
+ CRL.A.1453/2013 & Crl.M.A.Nos.12161/2014 & 14648/2014
HARI PRAKASH & ANR. ..... Appellant
Through Mr. Keshav V. Hegde, Advocate along
with the appellant in person
versus
BSES RAJDHANI POWER LTD. & ANR. ..... Respondent
Through Mr. Ashish Dutta, Advocate for
respondent No.1/BSES
Ms. Ritu Gauba, APP for State
%
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
: SUNITA GUPTA, J. (ORAL)
1. The matter was referred to Delhi High Court Mediation and
Conciliation Centre for exploring the possibility of arriving at a
negotiable settlement. Report of the Mediator dated 25th August,
2014 has been received, according to which a settlement agreement
has been arrived at between the parties. As per the settlement
agreement, following settlement was arrived at between the parties:-
a) Whereas Crl.Appl.No.1453/203 was filed by the First
Party against the Second Party for setting aside the judgment
dated 15.10.2013. Order on sentence determining the fine of
Rs.4,23,420/- dated 15.10.2013 and order on civil liability of
Rs.2,82,290/- dated 15.10.2013 passed by Shri Rakesh Tiwari,
Ld. ASJ, Special Electricity Court, Saket Courts, New Delhi.
b) That at the time of hearing of the bail application, the
Hon‟ble Court directed on 13.11.2013, the First Party to
deposit a sum of Rs.1,50,000/- with the Second Party towards
the total civil liability of Rs.2,82,280/-. The first party in
compliance of the said order of Hon‟ble Ms. Justice Hima
Kohli, deposited the sum of Rs.1,50,000/- with the second
party on 25.11.2013.
c) It is agreed between the parties, with the intervention of
the Ld. Mediator, keeping in view the special circumstances of
the case, as such the First Party agrees that they shall pay
whole of the civil liability Rs.2,82,280/- towards full and final
settlement. Since a sum of Rs.1,50,000/- has already been
deposited with the second party, the first party shall pay the
balance amount of Rs.1,32,280/- to the second party within 10
days from today.
d) Whereas the Second Party has no objection, if the
amount of Rs.4,23,420/- determined as fine by the Ld. ASJ,
Special Electricity Court, Saket Courts is waived by the
Hon‟ble High Court.
2. Counsel for the parties jointly state that the entire amount as
per settlement has already been paid by the appellant to respondent
No. 1/BSES. Nothing further is due or payable by him. „No Dues
Certificate‟ has also been placed on record.
3. Counsel for the appellant, therefore, submits that the
impugned judgment dated 15th October, 2013 convicting the
appellant under Section 135 r/w Section 150 of the Electricity Act
and sentencing the appellant to undergo Rigorous Imprisonment and
also to pay a fine be set aside to which the other side has no
objection. In fact, as per the settlement agreement, the
respondent/BSES has given "No Objection" for waiver of the
amount of Rs.4,23,420/- determined as fine and for setting aside the
sentence awarded by the learned Additional Sessions Judge, Special
Electricity Court.
4. In view of the statement made by the counsel for the parties
that they have arrived at an amicable settlement and nothing further
is due or payable by the appellant to the respondent/BSES, the
impugned judgment and order on sentence dated 15 th October, 2013
sentencing the appellant and imposing fine upon him is set aside.
5. The appeal is accordingly disposed of. Pending applications,
if any, also stand disposed of.
(SUNITA GUPTA)
JUDGE
SEPTEMBER 24, 2014
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