AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Gupta, J.—Heard on I.A. No. 16206/2009, an application for condonation of delay in filing the present revision.
After considering the grounds taken in the application, it appears that the present revision was filed with delay of at least 5 days and therefore, for such a small delay, the grounds mentioned in the application may be accepted.
Consequently, I.A. No. 16206/2009 is hereby allowed.
Delay of 5 days in filing the present revision is hereby condoned.
Also, heard on admission.
The applicant has challenged the order dated 27.6.2009 passed in Lok Adalat in criminal case No. 145/2006 before the Special Court on an application u/s 195/340 of the Cr.P.C. Thereafter, vide order dated 27.6.2009, the learned Additional Sessions Judge dismissed the application filed by the applicant. Being aggrieved with that order, the present revision is filed.
After considering the submissions made by the learned counsel for the applicant, it would be apparent that original complaint was initiated for offence punishable u/s 135 of the Electricity Act. The applicant did not challenge the entire amount of recovery which was mentioned in the complaint but, he entered into a compromise in the case and therefore, the complaint was disposed off in the Lok Adalat. If any compromise took place in the complaint of Electricity Act then, some compromise fees is to be deposited by the accused and therefore, if such fees was taken at the time of compromise then, no illegality has been done at the time of acceptance of compromise. It was for the applicant to challenge the amount of recovery done in the main criminal complaint. However, no such amount was challenged and the applicant entered into a compromise. Under such circumstances, after getting an order of compromise from Lok Adalat, nothing could be done in favour of the applicant. Under such circumstances, no illegality is visible in the order dated 27.6.2009 passed by the learned First Additional Sessions Judge, Tikamgarh.
Consequently, there is no basis to accept the present revision. In the result, the present revision is hereby dismissed at motion stage.
A copy of the order be sent to the trial Court for information.