Raj Kumar v. State & ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1371/2015 RAJ KUMAR ..... Appellant Through:

Mr.H.K.Panda, Advocate versus STATE & ANR ..... Respondents Through:

Ms.Alpana Pandey, APP for the State Mr.Sunil Fernandes, St.Counsel for BSES-RPL

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 23.02.2016 CRL.A. 1371/2015 1.

By way of this appeal filed under Section 374(3) Cr.P.C. read with Section 156 of the Electricity Act, 2003, the appellant is challenging the judgment dated 22nd January, 2015 and the order on sentence dated 21st November, 2015 whereby the appellant was held guilty under Section 135 of Electricity Act, 2003 and he was sentenced to undergo RI for two years with a fine of ` 4,29,624/- and in default of payment of fine to undergo SI for six months.

2.

During the pendency of this appeal, the parties arrived at an amicable settlement through mediation. Copy of the mediation settlement has been placed on record and as per the settlement appellant has complied with the terms and conditions of settlement.

3.

Learned counsel for the respondent No.2/BSES-RPL submits that CRL.A. 1371/2015

since the Company has received the complete payment from the appellant as per the settlement arrived at between them, respondent No.2/BSES-RPL does not want any penal action against the appellant. 4.

This is a case under Section 135 of Electricity Act which is compoundable. In view of the offence being compounded, the appellant is acquitted in this case.

5.

Appeal stands disposed of.

6.

Copy of this order be sent to concerned Court for information and record.

CRL.M.A.18625/2015 Dismissed.

PRATIBHA RANI, J.

FEBRUARY 23, 2016 'pg'

CRL.A. 1371/2015