RAJU Vs. BSES RAJDHANI POWER LTD. & ANR.

JUDGEMENT

(1.) The appellant impugns the judgment dated 18th Jan., 2012 passed by the learned Special Electricity Court, Dwarka, New Delhi in CC No.408/10/08 u/s 135 of Electricity Act, 2003 whereby the appellant was held guilty under Sec. 135 of Electricity Act, 2003 (hereinafter referred to as the Act ) and order on sentence dated 25th Jan., 2012 whereby he was sentenced to pay a fine of Rs.1,45,566/- in default to undergo simple imprisonment for four months. He was also liable to pay civil liability u/s 154(5) of the Act which was assessed to Rs.97,044.00 along with interest @ 6% per annum from the due date of the bill, i.e., 23.07.2008 till its realization. The amount of civil liability was to be paid out of fine, if realized.

(2.) A complaint under Sec. 135 of the Act was filed by the respondent/complainant against the appellant, inter alia, on the allegations that on 17th June, 2008, at 12:55 pm, a joint inspection team headed by Mr. K.P. Solanki, Sr. Managar, Enforcement of the complainant company along with photographer Sh. Jai Prakash from M/s Arora Photo Studio inspected the premises number A-11-12, JJ Cluster, Maya Puri, New Delhi which was used and occupied by accused who disclosed his name as Raju. No electricity meter was found installed at the premises. Accused was indulging in direct theft of electricity by tapping LV mains of the complainant with the help of wires which were connected to the connected load of the premises as shown in diagram prepared at page 3 of inspection report. The connected load was 12.510 KW used for non-domestic purposes. The videography of the premises was done. The wires were removed and taken into possession vide separate seizure memo. Inspection report including meter report and load report were prepared and offered to the accused who refused to receive and sign the same. A theft bill was raised against the accused which remained unpaid. Hence the complainant was filed.

(3.) Two witnesses were examined by the complainant in pre-summoning evidence. Thereafter the accused was summoned for offence u/s 135 of the Act. Notice under Sec. 251 Crimial P.C. was given to the accused to which he pleaded not guilty and claimed trial.