Bombay High Court
MUNIR AHMAD MOHAMMADIN KHAN AND ANRversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The conviction is set aside because the offence was validly compounded under Section 152 of the Electricity Act, 2003.
Summary
The appellants challenged their conviction under Sections 135 and 138 of the Electricity Act, 2003, imposed by the Additional Sessions Judge, Thane. They argued that Respondent No.2 had accepted a compounding amount of Rs.13,05,940, which under Section 152 of the Electricity Act mandates that the offence be compounded and the conviction set aside. The respondent's counsel did not dispute the acceptance of the compounding amount. The High Court held that the conviction could not stand in view of the valid compounding and consequently set aside the impugned judgment, acquitted the appellants, ordered refund of any fine paid, and cancelled their bail bonds. The appeal and the interim application were both disposed of.
Issues considered
- Whether a conviction under Sections 135 and 138 of the Electricity Act, 2003 can be sustained when the offence has been compounded under Section 152 of the same Act.
Legislation cited
- Electricity Act, 2003 — s. 135, 138, 152
Subjects
- Electricity Act
- compounding of offences
- Section 152
- conviction set aside
- criminal appeal
- acquittal
Judgment
1 58-APEAL 1143-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1143 OF 2019
Munir Ahmad Mohammadin Khan & Anr. … Appellants
Vs.
The State of Maharashtra & Anr. … Respondents
WITH
INTERIM APPLICATION NO.2681 OF 2026
IN
CRIMINAL APPEAL NO.1143 OF 2019
-----
Mr. Nandkumar Vasudeo Sawant for the Appellant.
Ms. Rutuja Ambekar, APP for the Respondent-State.
Mr. Prathamesh Bhosale a/w Soham S. Joshi i/by Kavisha Shah for
Respondent No.2.
-----
Digitally
signed by
CORAM : N.R. BORKAR, J.
MUGDHA
MUGDHA
MANOJ
MANOJ
PARANJAPE DATE : 28TH AUGUST 2026
PARANJAPE Date:
2026.08.28
18:30:42
P.C. :
+0530
1. This Appeal takes exception to the judgment and order dated 08 th
August 2019 passed by the Additional Sessions Judge, Thane in Special
Case M.S.E.B. No.23 of 2015.
2. By the impugned judgment and order, the Learned Additional
Sessions Judge has convicted the present Appellants for the offences
punishable under Sections 135 and 138 of the Electricity Act, 2003.
3. Learned Counsel for the Appellants submits that Respondent No.2
has accepted an amount of Rs.13,05,940/- towards compounding of the
offence. It is submitted that, thus, in terms of Section 152 of the Electricity
Mugdha 1 of 2
2 58-APEAL 1143-19.doc
Act, the conviction imposed by the impugned judgment and order be set
aside. In support of the said submission Learned Counsel for the Appellant
has filed on record the letter issued by Respondent No.2, which is annexed
to Interim Application No.2681 of 2026.
4. The Learned Counsel for Respondent No.2 does not dispute the said
fact.
5. In that view of the matter, the following order is passed:
ORDER
i. The impugned judgment and order is set aside and the
Appellants are acquitted of the offences punishable under
Sections 135 and 138 of the Electricity Act.
ii. The fine amount, if any, deposited by the Appellants
pursuant to the impugned judgment and order shall be
refunded to them.
iii. The bail bonds of the Appellants stand cancelled.
6. The Criminal Appeal is disposed of in the aforesaid terms.
7. The Interim Application stands disposed of.
(N.R. BORKAR, J.)
Mugdha 2 of 2
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