VIKAS PAHWA Vs. STATE

JUDGEMENT

(1.) On April 3, 1989 M/s. Wootz Steels Pvt. Ltd. was found to be consuming electricity from the electric meters which were giving defective reading and on which the seals were found to be fictitious. This led to the registration of a case, subsequent investigation and ultimate challanging of the accused. The learned Metropolitan Magistrate took cognizance, summoned the accused and then framed a charge under section 39/44 of the Indian Electricity Act read with section 379 of the Indian Penal Code. It is this order which the accused had found unpalatable. Hence this petition.

(2.) Mr.Gandhi, the learned counsel for the petitioner, has been mercifully brief. To my pleasant surprise so also has been the counsel for the respondents. Mr.Gandhi has drawn my attention to section 49A of the Indian Electricity Act, 1910 and since his ar- gument revolves around that provision let me take the liberty of reproducing it. This is how it runs:

(3.) What does Mr.Gandhi say on the basis of the provisions cited above? He says that there is nothing on the record to show that the petitioner happens to be the Director of-the Company or that he was in charge, and was responsible to the company for the conduct of the business of the company. He further submits that there is nothing on the record to show that the alleged offence has been committed with the consent or connivance of, or was attributable to any neglect on the part of the petitioner. He thus says that the petitioner could not be prosecuted.