VARDHMAN PROPERTIES LTD. Vs. BSES RAJDHANI POWER LTD.

JUDGEMENT

(1.) THIS review petition is directed against the impugned order dated 30th September 2008 passed by the learned Additional Sessions Judge (ASJ.) Special Electricity Court in Complaint Case No. 134 of 2006, rejecting an application filed by the Petitioner Vardhman Properties Limited (VPL.) seeking review of an order dated 7th April 2006 passed by the learned ASJ summoning the Petitioner for the offence under Section 135 of Electricity Act 2003 (Act.).

(2.) THE aforementioned complaint was filed by the Respondent BSES Rajdhani Power Limited (BRPL.) in 2006 against Krishan Lal and VPL in the Special Electricity Court under Section 151 of the Act for determining their civil and criminal liability in terms of the Act. On 7th April 2006 the learned ASJ, Special Electricity Court, passed the following order:

(3.) BY the impugned order dated 30th September 2008 the learned ASJ, Special Electricity Court, dismissed the review application holding that the scope of Section 157 of the Act was restricted to an order by that Court under Section 154 of the Act. It was held that in the absence of any specific provision in the Code of Criminal Procedure (CrPC.) permitting recall or review of a summoning order, and particularly in the light of the judgment of the Supreme Court in Adalat Prasad v. Roop Lal Jindal : 2004 (7) SCC 338, there was no power in the Special Electricity Court to recall the summoning order.