ASHOK KUMAR Vs. BSES RAJDHANI POWER LIMITED

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. seeking quashing of the criminal complaints filed by respondent No.1 under Sections 135 and 151 of Electricity Act, 2003 pending in the Court of Addl.Sessions Judge, New Delhi.

(2.) Brief facts of this case are that a complaint under Section 135 read with Section 151 of the Electricity Act, 2003 has been filed by respondent No.1 against the present petitioner on the allegation that on 21st June, 2006 the officers of respondent No.1 inspected premises of petitioner bearing No.F- 92, First Floor, Near Shanti Swaroop Complex, Munirka, New Delhi and it was found that the said premises was being used by the petitioner and no electricity meter was installed there for supply of electricity to the said premises. However, it was found that petitioner was illegally using the electricity by tapping the respondent No.1's Bus-Bar with the aid of illegal tappings/wires, which were further connected to a distribution board and then to the connected load of the said premises. Thus, the petitioner was found to be using, consuming and abstracting the electricity illegally by directly tapping the Bus-Bar of respondent No.1 and committing direct theft of electricity and the theft bill as per DERC Regulations and tarrif order was raised by respondent No.1 for Rs.2,29,099/- which was served upon the petitioner but the petitioner failed to pay the theft bill.

(3.) The petitioner was bailed out by the trial court subject to condition that he shall deposit a sum of Rs.50,000/- with respondent No.1 by the next date against the theft bill. However, it appears that the said bail order has not been complied with and instead of complying with the bail order, the present petition has been filed.