VIMLESH Vs. BESE RAJDHANI POWER LTD

JUDGEMENT

(1.) SMT . Vimlesh (the appellant) has presented the appeal to challenge the correctness and legality of a judgment dated 16.08.2012 of learned Addl. Sessions Judge, Special Electricity Court, Saket Courts, New Delhi in Complaint Case No. 122/09 PS Amar Colony, New Delhi, whereby she was convicted under Section 135 of Electricity Act, 2003. By an order dated 04.09.2012, she was sentenced to undergo RI for one and a half years. Rs. 7,89,306/ - was imposed as fine. The civil liability was determined Rs. 5,26,204/ -.

(2.) THE matter was referred for settlement to Lok Adalat. However, the dispute could not be resolved there. Admittedly, the appellant has deposited Rs. 75,000/ - in compliance of the order dated 05.10.2012 with the respondent / BSES Rajdhani Power Limited. Counsel for the respondents has stated that Rs. 3.19 lacs were deposited towards civil liability by the appellant in the Trial Court. The appellant who is a widow; has lost her husband on 07.02.2011; dependent upon widow pension has prayed to take compassionate view to reduce the fine / civil liability amount. On instructions from the respondents, Mr. M.S.Vinaik, Advocate has stated that considering the peculiar circumstances of the case and economic condition of the appellant, the respondent / BSES Rajdhani Power Limited has no objection if the matter is disposed of as settled / compounded. Amount of Rs. 3.19 lacs deposited by the appellant before the Trial Court be released to the respondent / BSES Rajdhani Power Limited. The appellant need not to deposit any further amount. To this, the appellant who is present in person has no objection.

(3.) THE appeal stands disposed of. Pending application also stands disposed of. Trial Court record be sent back forthwith with the copy of the order.