GAUTAM NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner against the order dated 13.08.2018 passed by the learned Special Judge, Electricity Act Cases-cum-Additional Sessions Judge No.1, Jodhpur in Sessions Case No.8/2018, by which the learned trial court framed the charges against the petitioner for offence under Section 135 and 138 of the Indian Electricity Act, 2003.

(2.) Learned counsel for the petitioner submits that respondent No.2 Executive Engineer (Vigilance) in the Electricity Department made a search of house of petitioner and found that theft of electricity was being committed therein. An FIR No.453/2016 was registered at Police Station APT, Jodhpur. Thereafter, challan was presented by the police and now, charges of the case have been framed. Meanwhile, the concerned Electricity Department issued a notice to the petitioner to compound the offence. Upon receiving the notice, the petitioner deposited a sum of Rs.1,00,936/- towards civil liability and penalty for compounding the said offence on 08.07.2016, which was duly compounded being first offence.

(3.) Learned counsel for the petitioner relied upon the decision of the Hon'ble Supreme Court in the case of Suresh GanpatiHalvankar Vs. The State of Maharashtra being I.A. No. 117535 of 2017 in Cr. Appeal No. 156 of 2018 arising out of SLP (Crl.) No.3670/2017 decided on 22.1.2018 wherein Hon'ble Supreme Court has categorically held that the offences under Sections 135 and138 of the Electricity Act are both compoundable by virtue of Section 152 of the Act. He thus urged that as the petitioner has deposited composition charges with the respondents, the authorities be directed to compound the offences and the F.I.R.should be quashed on the strength of such composition.