NORTH DELHI POWER LTD Vs. RAVINDER SINGH

JUDGEMENT

(1.) The present is an appeal under section 156 of the Electricity Act, 2003 assailing the judgment and order dated 12.05.2008 passed by the learned Additional Sessions Judge, Special Electricity Court, Rohini, Delhi in Complaint Case No.994/2007.

(2.) At the outset, learned counsel appearing on behalf of the respondent submits that the present appeal, as filed, is not maintainable in view of the bar as contained in the provisions of section 378(4) of the Code of Criminal Procedure, 1973. Counsel would urge that in view of the said provision, no appeal can be entertained against an acquittal by a trial court, except with the prior leave of the High Court, as mandated by the said provision. Counsel would invite my attention to a decision of the Hon'ble Supreme Court in Subhash Chand vs. State (Delhi Administration), 2013 2 SCC 17 in order to buttress his submission.

(3.) The Supreme Court's conclusions in this behalf are contained in para 19 and 23 of the report as follows:-