DAKSHIN HARYANA BIJLI VITRAN NIGAM Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The present application has been filed under Section 378(5 CrPC for grant of leave to file an appeal against the judgment dated 11.6.2009 passed by Additional Sessions Judge, Rewari vide which the respondent has been acquitted of the charges.

(2.) Briefly, the facts of the present case are that accused-respondent faced trial for offence punishable under Section 135 of the Electricity Act, 2003 (for short, 'the Act ) as a criminal complaint dated 29.3.2007 was filed by stating that a raid was conducted on 7.11.2006 and premises of the respondent was inspected wherein it was found that theft of energy was being committed as connected load was 20.939 KW against sanctioned load of 9.020 and direct supply was taken. Memo of inspection and seizure was handed over to the respondent. Energy charges Rs.8,17,271/- and electricity duty Rs.4,657/- total amounting to Rs.8,21,920/- was to be paid by the respodnent.

(3.) The respondent was summoned vide order dated 3.4.2007 and was subsequently was charged vide order dated 23.5.2007.