1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1805 OF 2011 IN CRIMINAL APPEAL NO. 479 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: Shrihari P. Davare, J. Date : 02.05.2011. Shri P.M. Gaikwad, Adv. for applicant/appellant. Smt.Y. M. Kshirsagar, A. P .P. for Resp. No. 1. Shri A.S. Gaikwad, Advocate, holding for Shri S.M.Godsay, Advocate, for Respondent No. 2. ------ 01. The applicant-appellant (original accused) has preferred Criminal Appeal No.479 of 2007, challenging the judgment and order dated 30.10.2007, rendered by learned Special Judge, Osmanabad, in Special Case (Elec) No.52 of 2006, thereby convicting him for offence punishable under Section 135(a) of the Electricity Act, and sentencing him to suffer simple imprisonment for one month 2 and to pay fine of Rs.1937/- determined as civil liability as contemplated under Section 154(5) of the Electricity Act, 2003, with default condition that on non payment of fine amount, the accused shall undergo further simple imprisonment for one month, and further directing that if fine amount imposed is not paid by the accused, it shall be recovered as a decree of civil court as provided under Section 154(5) of the Electricity Act and the recovered amount be paid to the Electricity Board through appropriate officer towards price/charges of electricity stolen by the accused, with further direction that the period of detention be given as set off against substantive sentence, under Section 428 of the Code of Criminal Procedure, and the said appeal is admitted by this court on 13.2.2008 and same is pending. 2. Accordingly, the applicant-applicant states that during pendency of the said appeal, he 3 submitted an application before Respondent No.2, on 24.3.2011 for compounding the offence and the copy thereof is annexed to present application, at Exhibit A. The applicant also states that the said application was considered and decided by Respondent No.2 who, accordingly, assessed the charges towards theft of electricity at Rs.3,013/- which the applicant paid to Respondent No.2 on 24.3.2011 and Respondent No.2 accepted the said charges and issued receipt for the same to the applicant-appellant on 24.3.2011 itself, a copy whereof is produced at Exhibit B along with present application. The applicant also stated that Respondent No. 2 imposed compounding charges of Rs.4000/= and the applicant has paid the same also, and the receipt issued by Respondent No.2 therefor, is at Exhibit C to the present application. Applicant submits that he has deposited total amount of Rs.7,013/= in the office of Respondent No.2 which has been received and appropriated by 4 Respondent No. 2 towards assessed charges for energy theft and compounding charges. 3. The applicant-appellant further submits that the offence allegedly committed by him is compoundable one and Respondent No.2 has conceded to the fact of compounding of the offence, by accepting the aforesaid compounding charges, and hence, it is requested by the applicant that he and Respondent No. 2 may be permitted to compound the offence and the applicant be acquitted of the alleged commission of crime. 4. Considering the contents of the present application and also the position that the applicant- appellant has deposited Rs. 3,013 as assessed charges for theft of electricity and also Rs.4000/- towards compounding charges, totalling to Rs. 7,013/= with the office of Respondent No.2 as per bill (Exhibit B) and receipt (Exhibit C) and 5 Respondent No.2 has accepted the same, there is no impediment to compound the said offence under Section 152 of the Electricity Act, and therefore, present application deserves to be allowed, and consequently, applicant-appellant (original accused) deserves to be acquitted for the offence punishable under Section 135(a) of the Electricity Act, by quashing and setting aside the conviction and sentence imposed upon him, by way of judgment and order dated 30.10.2007 rendered by the learned Special Judge, Osmanabad, in Special Case (Elec) No.52 of 2006. 5. In the result, present application is allowed in terms of prayer clause (B) thereof and the applicant and respondent No.2 are permitted to compound the offence under Section 152 of Electricity Act, and the conviction and sentence inflicted upon the applicant-appellant under Section 135(a) of Electricity Act, stands quashed and set aside 6 and the applicant-appellant (original accused) stands acquitted for the said offence, and the fine amount, if any, paid by the applicant-appellant herein be refunded to him. 6. Present application, as well as criminal appeal No.479 of 2007, stand disposed of, accordingly. pnd/criap1805.11 (SHRIHARI P. DAVARE, J.)