Kanwar Singh v. Bses Yamuna Power Ltd.

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1144/2012 KANWAR SINGH ..... Appellant Represented by:

In person.

versus BSES YAMUNA POWER LTD.

..... Respondent Represented by:

Mr. Deepak K. Vijay, Adv.

with Mr. Uddhab Jyoti Barman, Sr. Manager (Legal).

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 09.08.2016 By this appeal, the appellant has challenged the judgment dated 27th August, 2012 convicting him and his brother Amar Singh for offence punishable under Section 135 of the Electricity Act, 2003 (in short 'the Act') and the order on sentence dated 28th August, 2012 whereby they were sentenced to undergo simple imprisonment for one year and were further directed to deposit civil liability amount to the extent of `62397/- each. The appeal was admitted and sentence of the appellant was suspended during pendency of the appeal, subject to the appellant depositing a sum of `1 lakh with the Registrar General of this Court vide order dated 28th September, 2012.

During the pendency of the appeal, Kanwar Singh has entered into a settlement with the respondent BSES Yamuna Power Ltd. Mr.Uddhab Jyoti Barman, Senior Manager (Legal) of BSES Yamuna

Power Ltd. is present in Court and is identified by his counsel. He confirms that the appellant has entered into a settlement with the respondent BSES Yamuna Power Ltd. as per which if the respondent BSES Yamuna Power Ltd. is allowed to withdraw `1 lakh deposited by the appellant pursuant to the order dated 28th September, 2012 and the interest accrued thereon, the respondent has no objection if the conviction of the appellant and his brother are set aside.

Consequently, the impugned order of conviction and the order on sentence are set aside. The amount of `1 lakh deposited by the appellant pursuant to order dated 28th September, 2012 and interest accrued thereon be released to the authorized representative of the respondent. Appeal is disposed of.

The appellant and the authorized representative of the respondent have signed the order sheet in acknowledgement of their statement made before this Court.

Order dasti.

MUKTA GUPTA, J.

AUGUST 09, 2016 'vkm'