CHOCKALINGAM Vs. ANNAMALAI COTTON MILLS PVT. LTD.

JUDGEMENT

(1.) THE revision is preferred as against the order dated 30.08.2007 made in C.C.No. 142 of 2004 by the learned VI Judicial Magistrate, Salem, whereby the accused were acquitted of the charges laid against them under sections 39(1) and 44(1)(c) of the Indian Electricity Act read with Tamil Nadu Amendment Act 1980 and under Section 484 of Indian Penal Code.

(2.) AGAINST the said order dated 30.08.2007, the State preferred an appeal along with an application to condone the delay of 382 days in filing the said appeal. By an order dated 13.10.2009, this Court dismissed the said application thereby refusing to condone the delay of 382 days in filing the appeal. Against the said order dated 13.10.2009, the State preferred a Special Leave to Appeal to the Honourable Supreme Court of India along with a petition to condone the delay in filing the appeal. By order dated 19.11.2013, the said Special Leave to Appeal was dismissed by the Honourable Supreme Court on the ground of delay. The present revision has been filed by the defacto complainant namely the Tamil Nadu Electricity Board against the order dated 30.08.2007 passed by the learned VI Judicial Magistrate, Salem in C.C.No. 142 of 2004.

(3.) LEARNED counsel drew the attention of this Court to the decision of the Honourable Supreme Court reported in : AIR 2002 SC 2907 (Bindeshwari Prasad Singh v. State of Bihar). In the aforesaid decision in paragraph No. 15, the Honourable Supreme Court in similar circumstance has held as follows: