BSES RAJDHANI POWER LTD Vs. MAHESH AND ANR

JUDGEMENT

(1.) BSES Rajdhani Power Limited, the Petitioner herein is seeking following prayer:

(2.) Briefly stated, facts relevant for disposal of this petition are that on 12th July, 2007, an Authorized Officer of the Petitioner company conducted raid at House No. 22, Molarband, Badarpur, New Delhi. During inspection/raid, it was found that the Respondents were indulging in direct theft of electricity, an offence punishable under Section 135 of the Electricity Act, 2003. Necessary documentation as well as photography was done. Consequent to the raid, a supplementary theft bill of Rs. 75,744/-was raised on the Respondents No. 2 & 3, which was not paid. This led to filing of a criminal complaint under Section 135 of the Electricity Act against the Respondents. Learned Additional Sessions Judge, Special Electricity Court took cognizance of the complaint and issued processes against the Respondents. When the Respondents failed to put in appearance despite service of summons, NB Ws against them were issued.

(3.) In October, 2008, Respondents (accused) approached the Petitioner company for settlement and requested for reduction in bill. The bill amount, after discussions, was reduced to Rs. 49,300/-, which was paid by the accused Respondents on 24th October, 2008 and a No-Dues Certificate was issued by the Petitioner company.