(1.) The present Appeal is directed against the impugned judgment and order passed in Special Case No. (Electricity) 11 of 2009 dtd. 25/11/2011, by the learned Special Judge (GEB), Bhuj- Kachchh, recording acquittal of the Respondent - Original Accused - Chandubhai Jivabhai @ Jivrambhai Limbachiya (hereinafter referred to as "the Respondent"), who was charged with the offence punishable under Sec. 135 (A) of The Indian Electricity Act 2003 (hereinafter referred to as "the Electricity Act ").
(2.) The facts of the case briefly as summarized are that the complainant Dy. Engineer - Jaswantrao Ramarao Jampala, GEB Bhuj City Sub Division lodged a complaint against the Respondent accused before GEB Police Station, Rajkot, vide CR No. II-2394/2007 for the alleged offences under Sec. 135(1)(A) of Indian Electricity Act, 2003. According to the complainant, it is the case of the prosecution that on 3/10/2007, checking was carried out at the premises of Respondent accused situated in the basement of Sulay Apartment, Jubilee Ground, Mandvi Road i.e. Opera Hair Parlour, having Customer No. 38910/03254/5 and during their inspection, respondent was found committing theft of electricity by way of illegal means. Therefore, an average bill of Rs.2,07,318.97 ps. was prepared and issued to Respondent, which was not paid by him within a period of limitation and therefore, complaint was lodged against respondent before GEB Police Station, Rajkot as aforesaid.
(3.) Upon such FIR being filed, investigation started and the Investigating Officer PW-5 - Gajendra Kanubha Vala (hereinafter referred to as "the I.O") has recorded statements of the witnesses and produced number of documentary evidence. After completion of the investigation, charge sheet was filed against the Respondent for the offence in question, since the I.O. found a prima facie case against the Respondent, charge sheet came to be filed before the learned Magistrate for the offence under Sec. 135 (A) of the Electricity Act.
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