Suresh Kumar v. BSES Rajdhani Power Ltd. & Anr.

1. Suresh Kumar (the appellant) challenges a judgment dated 18.10.2012 in Complaint Case No.221/10/08 under Section 135 Electricity Act, 2003 by which he was convicted for committing the offence under Section 135 of the Act. The civil liability was assessed to ` 9,73,679/-. By an order dated 25.10.2012, he was sentenced to undergo RI for six months with fine ` 14,60,518/- and in default of payment of fine to undergo SI for three months. 2013:DHC:3958

2. Allegations against the appellant were that on 03.03.2008 at

01.30 P.M. a joint inspection team inspected the premises i.e. Khasra No.5, Village Kamruddin Nagar, New Delhi. One single phase electronic meter bearing No. 22009058 against K No. 2631J4530645 was found installed in the name of respondent No.4 Jagdish. Suresh Kumar (present appellant), Chander Bhan (since PO) and Sardar ji (since PO) were user of the said premises. They were not using the electricity through meter and had indulged in direct theft of electricity by tapping service lines before the meter with the help of wires. The connected load of 32.05 KW and 8.645 KW was found running for industrial and non-domestic purpose whereas the sanctioned load was for 1 KW for domestic purpose. The necessary proceedings were conducted and the complaint case was filed. The appellant was summoned for the offence under Section 135 of the Electricity Act, 2003. The respondent examined four witnesses. In his 313 statement, the appellant admitted that he was owner of the premises but had let out to two Chander Bahan and Santokh Singh. The meter was installed in the name of Jagdish. After appreciating the evidence and considering the rival contentions of the parties, the Trial court, by the impugned judgment, convicted and sentenced the appellant as mentioned previously.

3. During the course arguments, the counsel for the parties stated at Bar that the matter has been settled / compounded between the parties before Lok Adalat and the appellant has deposited the entire dues with the respondent / BSES Rajdhani Power Ltd. Office note is on record whereby it is mentioned that the matter was settled in Continuous Lok Adalat on 29.01.2013.

4. Since the matter has been finally settled/compounded before the Continuous Lok Adalat, the respondent / BSES Rajdhani Power Ltd. does not oppose the appeal and has no objection if it is accepted and the matter is disposed of as compounded.

5. In view of the statement made by the learned counsel for the respondent / BSES Rajdhani Power Ltd., the appeal is accepted in terms of the settlement. Since the offence stands compounded, the appellant is acquitted of the charge.

6. The appeal stands disposed of. Pending bail application also stands disposed of being infructuous. Trial Court record be sent back forthwith with the copy of the order.

JUDGE AUGUST 08, 2013