RAMESHWAR @ KANWAR SINGH Vs. BSES RAJDHANI POWER LIMITED

JUDGEMENT

(1.) A complaint case was filed by the respondent under Sec. 151 read with Sec. 154 for offences punishable under Sections 135 read with Sec. 150 of the Electricity Act, 2003 (in short 'the Act') and for determination of civil liability under Sec. 154(5) of the Act. In the said complaint being CC No.148/2012 the petitioner was arrayed as respondent Nos. 2 and 3 with the name Kanwar Singh as owner and Rameshwar as registered consumer.

(2.) Learned counsel for the petitioner does not dispute that the petitioner Rameshwar @ Kanwar Singh is the owner and registered consumer of the premises in question. Vide the impugned order dated 5th Dec., 2015, notice was directed to be framed for the offences alleged against the petitioner. Hence the present petition.

(3.) Learned counsel for the petitioner contends that though the petitioner is owner and registered consumer of the premises however in view of the fact that the petitioner was not the user at the relevant time when the inspection was carried out and the property in question was on rent with the tenant who was found to be user, the petitioner cannot be fastened with vicarious liability for the offences punishable under Sections 135 read with Sec. 150 of the Act.