Court No. - 73
Case :- APPLICATION U/S 482 No. - 3664 of 2019 Applicant :- Mataru Lal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pratibha Vohra Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Learned counsel for the applicant has filed supplementary affidavit mentioning therein that due to typographical error, district Badaun has been wrongly typed in place of district Sambhal.
She is permitted to carry out necessary correction in the prayer as well as affidavit of the application during the course of the day.
Sri Pranal Mehrotra has filed his appearance slip on behalf of opposite party no. 2 today in Court, which is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Pranjal Mehrotra, learned counsel for opposite party no. 2.
The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 12.8.2017 as well as the entire proceedings of S.S.T. No. 104 of 2018, under Section- 138(B) Indian Electricity Act (Amendment) 2003, Police Station- Gunnaur, District- Sambhal, pending in the court of Additional District Judge, Sambhal at Chandausi.
It has been stated that the offence alleged is compoundable. The applicant is ready to settle the matter with the opposite party no.
2. Reliance has also been placed on a recent Supreme Court decision in the case of Suresh Ganpati Halvankar Vs. The State of Maharashtra & Ors. in Criminal Appeal No. 156 of 2018, decided on 22.01.2018.
Learned counsel for the applicant further states that in view of the entire electricity dues and compounding charge having been deposited by the applicant, the trial proceedings ought to have been concluded in terms of provisions of Section 152(2) of the Electricity Act, 2003.
Considering the above, the present application is disposed of with the following directions:
i) the applicant shall pay up the entire electricity dues as claimed, upto date, within a period of three weeks from today.
ii) upon payment of the electricity dues, the applicant shall, within a week therefrom file before the learned court below an application seeking compounding of the offence, as alleged and deposit the compounding charges.
iii) any amount that may have been deposited either towards electricity dues or compounding charges may be adjusted against the amount that may be claimed against the applicant.
iv) upon proof of payment of the electricity dues and the compounding charges, if any, the learned Court below shall decide the application for compounding filed by the applicant, in accordance with law before proceedings further, with the trial.
v) for a period of one month from today, and in the event of continued compliance being made by the applicant (of this order and also of the further directions that may be issued by the learned court below, within time as may be granted by it), coercive measures may not be adopted against the applicant till disposal of the compounding application.
vi) in the event of default on part of the applicant, the protection being granted by this order shall stand lifted and the applicant may be dealt with as if this order had not been passed.
With the aforesaid directions, the present application is disposed of.
Order Date :- 29.1.2019 Arvind