BSES RAJDHANI POWER LTD. Vs. AASHISH SAHRAWAT

JUDGEMENT

(1.) BSES Rajdhani Power Limited, the Petitioner herein vide this petition has pressed for following prayer:

(2.) BRIEFLY stated, facts relevant for disposal of this petition are that the Petitioner company is a licensed power supply company. On 08th April, 2005, a statutory inspection/raid was conducted by the officials of BSES at Flat No. 2423, D II, Vasant Kunj, New Delhi. The premises was found occupied by the Respondent Aashish Sahrawat and one P.N. Puri, who was declared proclaimed offender as he failed to put in appearance in the court. The inspection team detected theft/unauthorized use of electricity in the said premises. Accordingly, a supplementary theft bill for Rs. 2,51,027/ - was raised. Respondent herein and P.N. Puri failed to pay the amount of supplementary bill. The Petitioner No. 1 was thus constrained to file complaint case No. 223/2007 in the Special Electricity Court, Malviya Nagar under Section 135 of the Electricity Act. Learned Trial Judge took cognizance of the complaint and adopted summary trial procedure.

(3.) IT appears that learned Trial Judge took offence to out of court settlement done by the Petitioner with the accused during the pendency of complaint. Learned Additional Sessions Judge while directing the Respondent/accused to deposit Rs. 45,000/ - on the next date of hearing so that the case could be closed, inter alia, observed thus: