..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1018 OF 2008 Maharashtra State Electricity Distribution Company Limited. ..Petitioner. Versus M/s. Four Star Industries and Anr. ..Respondents. .... Mr.L.M.Acharya, Advocate for the Petitioner. Mr.Sandesh D. Patil, Adv. for respondent No.1. Mr.Y.M.Nakhawa, APP, for respondent No.2-State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 7th October, 2008. DATED : 7th October, 2008. DATED : 7th October, 2008. P.C.: 1. Heard the learned Advocate for the petitioner-orig.complainant, the learned Advocate for respondent No.1-orig.accused and the learned APP for the State. 2. The respondent is facing prosecution in Special Case No.376 of 2006 of the Electricity Act, 2003. The said case is under Sections 135 to 138 of the Electricity Act, 2003. By order dated 7.2.2008 the learned Sessions Judge at Thane discharged the respondent of the offence charged. The petitioner ..(2).. preferred an application to set-aside the order of discharge of respondent. The said application came to be rejected by the learned Special Judge by order dated 20.2.2008. Hence, this Petition. 3. The offence in the present case has taken place in the year 2004. At that time Section 126(4) which relates to investigation and enforcement was in force. Section 126(4) was deleted on 15.6.2007. Section 126(4) reads as under : "126. Assessment. 126. Assessment. 126. Assessment. (1) ........ (2) ........ (3) ........ (4) Any person served with the order of provisional assessment, may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him : Provided that in case the person deposits the assessed amount he shall not be subjected to any further liability or any action by any authority whatsoever." 4. It is an admitted fact that the respondent-accused was served with the order of provisional assessment and he has deposited the assessed amount with the complainant within seven ..(3).. days of service of the said provisional assessment order. In such case, the learned Special Judge has rightly observed that as per the provisions of Section 126(4) of the Electricity Act the accused cannot be subjected to any criminal liability or any action. Hence, the respondent-accused has been rightly discharged by the learned Special Judge. In vie of the facts of this case, no case is made out for interference. Writ Petition is rejected. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)