MRIGENDER CHAUHAN Vs. BSES RAJDHANI PRIVATE LIMITED

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 15thDecember 2007 passed by the learned Additional Sessions Judge, Special Electricity Court in CC No. 1087/07, finding the Appellant guilty and convicting him under Section 135 of the Electricity Act 2003 ("Act") and the order on sentence dated 17th December 2007 sentencing the accused to detention till the rising of the Court and directing him to pay a sum of Rs. 80,000 (in addition to the sum of Rs. 20,000 already paid by him as a condition for obtaining bail) as compensation to the Respondent, BSES Rajdhani Power Limited ("BRPL"), and in default, to undergo simple imprisonment for a period of six months.

(2.) On 21st January 2008, this Court directed that the impugned order should remain in abeyance during the pendency of the appeal.

(3.) The case of the Respondent was that the Appellant and his wife, Amita Chauhan, lived in quarter No. 979, S-3, R.K. Puram, New Delhi (hereinafter the premises in question). From the documents placed on record, it appears that the premises in question had earlier been allotted to Mr. Jai Singh, the father of Mrs. Amita Chauhan. Upon the death of Mr. Jai Singh, Mrs. Amita Chauhan applied to the Directorate of Estates, Government of India for regularisation of the allotment in her name in accordance with the Government Accommodation (General Pool in Delhi) Rules, 1963. On 14th September 1990, by an office order No. 319/90, Mrs. Amita was appointed as a lower division clerk in the Ministry of Industry on probation for a period of two years. On 10th October 1990, the allotment of the premises in question in her name was regularised. Consequently, with effect from that date, the allottee of the premises in the records of the Government of India was Mrs. Amita Chauhan.