Raj Kumar vs North Delhi Power Ltd.
2015 Latest Caselaw 8542 Del

#7
         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                   Date of decision: 17.11.2015

CRL.A. 543/2009 & CRL.M.(BAIL) 7984/2015
RAJ KUMAR                                       ..... Appellant
                              Through:    Mr. Sarvesh Singh and Mr. K.K.
                                          Singh, Advocates

                              versus

NORTH DELHI POWER LTD.                         ..... Respondent

Through: Mr. Abhimanyu Singh Khatri, Advocate for Mr. Vikram Nandrajog, Advocate CORAM:

HON'BLE MR JUSTICE SIDDHARTH MRIDUL

SIDDHARTH MRIDUL, J (ORAL)

1. The present is an appeal under Section 397 of the Code of Criminal

Procedure, 1973 (Cr.P.C.) praying as follows:-

"(a) To summon the Trial Court Record. Similar petitionis not pending before any Hon'ble Court of law;

(b) To set aside the impugned orders dated 16.05.2008 and 19.05.2008 which passed by Special Court of Sh. D.K. Malhotra, AD&SJ, Rohini Courts, Delhi in the interest of justice.

(c) Any other order/orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

2. Counsel appearing on behalf of the appellant as well as counsel

appearing on behalf of the respondent state that they have arrived at an

amicable resolution of the dispute that lead to the institution of the present

case on the allegation of theft of electricity. A sum of Rs.11,000/- has been

received on behalf of the respondent-North Delhi Power Limited in Court

today towards full and final settlement of all their outstanding claims qua the

appellant in the subject case.

3. Counsel appearing on behalf of the respondent-North Delhi Power

Limited fairly does not oppose the appeal and has no objection if the appeal

is accepted and disposed of as compounded.

4. In view of the above statement made by learned counsel for

respondent No.2, the appeal is accepted in terms of the settlement. The

appeal is allowed and the impugned orders dated 16.05.2008 and 19.05.2008

is set aside. The appellant is accordingly acquitted of all the charges.

5. The appeal is disposed of accordingly. The pending application also

stands disposed of.

SIDDHARTH MRIDUL, J

NOVEMBER 17, 2015 dn