SHAMSUDDIN Vs. BSES RAJDHANI POWER LTD.

JUDGEMENT

(1.) THE appellant - Shamsuddin has preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 challenging the impugned judgment dated 29.07.2013 passed by learned Special Electricity Court, Dwarka, New Delhi whereby the appellant was convicted under Section 135 of the Electricity Act, 2003 in Complaint Case No. 679/10/08 and order on sentence dated 31.07.2013 whereby he was sentenced to pay fine of Rs. 4,20,000/ -, in default to undergo simple imprisonment for a period of six months. As per the provisions of Section 134 (5) of the Act, civil liability of Rs. 2,76,451/ - was also fixed on account of loss suffered by the complainant company due to the act of the convict. The complaint was filed against the appellant on the allegations that on 11.03.2008 at 12.30 pm, a joint inspection team headed by Mr. G.L. Meena - Manager of the complainant company inspected the premises bearing number A -70, Gali No. 3, Mahavir Extension, Part -II, 40 Feet Road, New Delhi -45. The accused were the users of the inspected premises. The accused No. 2 was also the owner of the inspected premises. No electricity meter was found installed in the premises. The accused were indulging in direct theft of electricity by tapping the electricity from LV Mains of the complainant with the help of wires which were further connected to the connected load of the inspected premises. A connected load of 7.760 KW was found for non -domestic purposes. An assessment bill for theft of electricity was raised against the appellant which remained unpaid as such the complaint was filed.

(2.) DURING the pendency of appeal, the matter was referred to Delhi High Court Mediation & Conciliation Centre for making an endeavour for an amicable resolution of the disputes. A settlement was arrived at between the parties on the following terms: