NORTH DELHI POWER LIMITED Vs. RAJESH GUPTA

JUDGEMENT

(1.) This is an appeal filed by the North Delhi Power Limited ('NDPL') against the impugned judgment dated 3rd December 2008 of the learned Additional Sessions Judge [Electricity] ('ASJ') in Special Case No. 6 of 2007 arising out of First Information Report ('FIR') No.371 of 2006, Police Station ('PS') Model Town, New Delhi.

(2.) By the impugned order, the learned ASJ found the Respondent guilty of the offence of commission of theft of electricity under Section 135 of the Electricity Act, 2003 ('Act'). Since the accused had not deposited the billed amount voluntarily, the Court proceeded to determine the civil liability under Section 154 (5) of the Act. The Court noted that the onus to prove that the accused committed the theft of electricity for the last six months was on the Complainant. Since the civil liability of the accused could not be determined by either of the two methods envisaged under Section 154 (5) of the Act, the Court held that the period of theft should be taken to be three months. The trial Court applied the 6x5 formula and determined the civil liability to be Rs. 83,968. As regards the criminal liability, by a separate order dated 3rd December 2007, a fine of Rs. 30,000 was imposed on the Respondent, and in default thereof, he was sentenced to simple imprisonment for a period of three months.

(3.) The present appeal by the NDPL is confined to the determination by the learned ASJ of the civil liability of the Respondent.