STATE OF HARYANA Vs. RAM SARAN

JUDGEMENT

(1.) The State of Haryana is in criminal revision to assail the order dtd. 18/5/2009 passed by Special Judge, Faridabad whereby respondent (accused) was discharged in case FIR No.23 dtd. 23/1/2006 registered at Police Station Mujessar for the offences under Sec. 135, 138 of the Electricity Act, 2003 (for short 'the Act')

(2.) The brief facts leading to the revision are that a checking party of Dakhsin Haryana Bijli Vitran Nigam Ltd. (for short 'DHBVNL') inspected the premises of M/s Faridabad Hotel Delite Pvt. Ltd., Plot No.23B, Industrial Area, Faridabad owned by Ram Saran Bhatia (accused-respondent) on 17/1/2006. It was found that there was dishonest use of electricity, which is punishable under Ss. 135 and 138 of the Act.

(3.) According to the report, loss of Rs.63,33,347.00 was caused. Thereafter, a formal complaint was made by the SDO(OP), Sub Division No.3, DHVBNL, Sector 22, Fariadabad whereupon case FIR No.23 dtd. 23/1/2006 for the offences under Ss. 135 and 138 of the Electricity Act, 2003 was registered. Prior to it, a demand notice was issued on 19/1/2006 giving the respondent 3 days' time for compounding the offences by paying the amount, however, the same was not responded to. After completion of the investigation, a final report under Sec. 173 Cr.P.C. was submitted.