BIHARI LAL AGGARWAL Vs. BSES YAMUNA POWER LTD

JUDGEMENT

(1.) The present appeal has been preferred by the appellant to challenge the legality and correctness of a judgment dated 12.09.2014 of learned Additional Sessions Judge, Special Electricity Court, East Distt. in Sessions Case No.40/13 arising out of FIR No.78/07 under Sections 135 and 138 of the Electricity Act, registered with Police Station Farsh Bazar. By an order dated 27.09.2014, he was awarded SI for two years each under Sections 135 and 138 of the Act. Civil liability was determined to be Rs. 9,09,278/- and Rs. 2,50,000/- were paid out of that. Both the sentences were to operate concurrently. The appeal is contested by the respondent company.

(2.) By an order dated 29.10.2014 of this Court, on depositing a sum of Rs. 9,09,278/- (minus the amount already deposited with the Department to the tune of Rs. 2,50,000/-) with the Registrar General of this Court, the substantive sentence of the appellant was suspended. By order dated 20.11.2014, the said order was modified and the appellant was directed to deposit 75% of the amount of Rs. 9,09,278/-. Accordingly, the appellant deposited Rs. 4,31,960 before the Registrar General of this Court.

(3.) During the pendency of the appeal, both the parties entered into settlement before the National Lok Adalat-I. The appellant agreed to make payment of Rs. 10,000/- besides the payment already made by him. The respondent agreed to accept the offer in full and final settlement of the claim. It was agreed that the respondent will be at liberty to withdraw Rs. 4,31,960/- lying deposited with the Registrar General of this Court.