Bihari Lal Aggarwal vs Bses Yamuna Power Ltd & Anr
2015 Latest Caselaw 4107 Del

$~18
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                      DECIDED ON : MAY 21, 2015

+                            CRL.A. 1467/2014

       BIHARI LAL AGGARWAL                                 ..... Appellant

                             Through : Mr.B.P.Agarwal, Advocate.

                             versus

       BSES YAMUNA POWER LTD & ANR                         ..... Respondents

                             Through : Mr.Raghav Chadha, Advocate.
                                      SI Jagbir Singh, PS Farsh Bazar.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

1. The present appeal has been preferred by the appellant to

challenge the legality and correctness of a judgment dated 12.09.2014 of

learned Additional Sessions Judge, Special Electricity Court, East Distt. in

Sessions Case No.40/13 arising out of FIR No.78/07 under Sections 135

and 138 of the Electricity Act, registered with Police Station Farsh Bazar.

By an order dated 27.09.2014, he was awarded SI for two years each

under Sections 135 and 138 of the Act. Civil liability was determined to

be `9,09,278/- and `2,50,000/- were paid out of that. Both the sentences

were to operate concurrently. The appeal is contested by the respondent-

company.

2. By an order dated 29.10.2014 of this Court, on depositing a

sum of `9,09,278/- (minus the amount already deposited with the

Department to the tune of `2,50,000/-) with the Registrar General of this

Court, the substantive sentence of the appellant was suspended. By order

dated 20.11.2014, the said order was modified and the appellant was

directed to deposit 75% of the amount of `9,09,278/-. Accordingly, the

appellant deposited `4,31,960 before the Registrar General of this Court.

3. During the pendency of the appeal, both the parties entered

into settlement before the National Lok Adalat-I. The appellant agreed to

make payment of `10,000/- besides the payment already made by him.

The respondent agreed to accept the offer in full and final settlement of

the claim. It was agreed that the respondent will be at liberty to withdraw

`4,31,960/- lying deposited with the Registrar General of this Court.

4. Today both the parties have put appearance and have prayed

to dispose of the appeal as settled/compounded. It is further informed that

the terms and conditions of the settlement have been complied with.

5. Since the offence has been compounded/settled between the

parties before National Lok Adalat-I of this Court held on 9th May, 2015

and its terms and conditions have been complied with, the appeal stands

disposed of as settled/compounded. The appellant is acquitted. The

amount of `4,31,960/- lying before the Registrar General of this Court

along with accrued interest (if any) will be released to respondent No.1.

6. The appeal stands disposed of. Trial Court record (if any)

along with the copy of this order be sent back forthwith.

(S.P.GARG) JUDGE MAY 21, 2015 sa