1 2025:CGHC:21951 NAFR NATIONAL LOK ADALAT Dated 10 th May, 2025 CHHATTISGARH HIGH COURT CAMPUS- BILASPUR CRA No. 227 of 2008 1 - Mohemmad Javed son of Mohemmad Iqabal aged about 29 years, R/o, Shriramnagar, Kanker, District Kanker (C.G.) ... Appellant(s) versus 1 - State of Chhattisgarh Through C.G. State Electricity Board, Uttar Baster, Kanker at P.S. Kanker (C.G.) ... Respondent(s) For Appellant(s) : Mr. Mohammad Javed, appellant in person along with Mr. Rajendra Kumar, on behalf of Mr. Shobhit Koshta, Advocate. For Respondent(s) : Mr. Ajit Singh, Govt. Advocate. AWARD (Passed on 10th May, 2025) 1. This criminal appeal has been filed by the appellant/accused against the impugned judgment of conviction and sentence dated 14.02.2008 passed by learned Special Judge (Electricity Act, 2003) District North Baster, Kanker in Special Case No. 02/2007, whereby the appellant has been convicted for the offence under Section 379 of IPC read with Section 135 of Electricity Act, 2003 and sentenced for fine amount of Rs. 2,20,068/- in default of payment of fine he shall ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.14 18:31:32 +0530 2 undergo RI for 06 months. 2. The complainant Mr. Gokul Prasad Sonwani, Superintendent Engineer (Nodal Officer) Chhattisgarh State Power Distribution Company Limited, Bilaspur and Mr. Basant Kumar Kodopi Assistant Engineer Chhattisgarh State Power Distribution Company Limited, Kanker present in person. 3. The appellant has submitted that on 16.11.2006 he has already deposited Rs. 68545/- with Electricity Department in lieu of electricity charges for which the alleged offence has been registered which is not disputed by the Officers present on behalf of the Electricity Department. The parties have submitted that the electricity charges for which the offence has been registered has been paid by the appellant i.e. Rs. 68,545/- which has already been deposited on 16.11.2006. 4. Today the compounding charges of Rs. 16,000/- has been paid to the Electricity Department through the Book No. 93211 Serial No. 09 dated 10.05.2025. After receiving the compounding fee as per the law, the parties have settled their dispute and now the Electricity Department is not having any grievance against the appellant/accused and the parties have entered into compromise to compound the offence. The substantive offence of Section 135 of Electricity Act is compoundable as provided under Section 152 of the Indian Electricity Act, 2003. The compounding fee as per the law has also been deposited by the accused with the department and there is no impediment in permitting the parties to compound the offence. 5. The offence of Section 379 of IPC is also compoundable as provided under Section 320(1) of Cr.P,C. 6. Since the amount of electricity charges as well as compounding fee has already been deposited which has been accepted by the Electricity Department also, the parties are permitted to compound the offence, therefore, in view of the settlement arrived at between the parties the offence against the appellant is compounded and in view of the provisions of Section 320(8) of Cr.P.C (now 359 of BNSS, 2023), the appellant is acquitted from the alleged offence. 3 7. A copy of receipt of deposit of compounding fee shall be made as a part of the record. 8. The appeal is accordingly disposed of as the offence has been compounded/compromised. 9. In view of the compromise between the parties the appellant is entitled to refund of his amount of fine deposited by him before the trial Court, if any. Sd/- Sd/- (Ravindra Kumar Agrawal) (M.P.S. Bhatia) Judge – Lok Adalat Member – Lok Adalat High Court of Chhattisgarh High Court of Chhattisgarh Bilaspur Bilaspur Alok