T KRISHNAPANDIAN Vs. STATE

JUDGEMENT

(1.) This petition is filed seeking to quash the charge sheet filed in C.C.No.6476 of 2003 on the file of IX Metropolitan Magistrate court, Saidapet, Chennai so far as the petitioner is concerned.

(2.) The brief facts of the case of the petitioner are as follows: On 10.01.2003 at 19-15 hours, the officials of the Electricity Board inspected the Service Connection No.217:08:635:TF:V in Door No.159, Thiruvalluvar Salai, Thiruvanmiyur, Chennai-41 which stands in the name of the petitioner herein and it was found that there was theft of energy by tampering the MRC seal provided in the meter. A show cause notice dated 22.1.2003 was issued by the Assistant Executive Engineer for the recovery of the loss and also extra levy in accordance with the terms and conditions of supply of electricity. Finally for the alleged offence, a complaint under section 39(1) and 44(1)(c) of Indian Electricity Act, 1910 was made in Crime No.50 of 2003 of Thiruvanmiyur Police Station and the same was filed before IX Metropolitan Magistrate, Saidapet.

(3.) The contention of the learned counsel for the petitioner is that the petitioner was the owner of the property and the electricity connection stands in his name that the premises consist 22 shops which are leased out to various persons and the alleged tampering has occurred in the shop leased out to a tenant by name K. Navarathna Ganesh who is carrying on business under the name and style of M/s. Murugan Travels, STD&ISD booth and that therefore, the petitioner is not responsible for the alleged theft of energy.