CHANKYA PICTURE PALACE Vs. STATE OF BIHAR

JUDGEMENT

(1.) M/s. Chankya Picture Palace, Exhibition Road, Patna, Om Narayan Sharma, Managing Partner of M/s. Chankya Picture Palace and Surendra Kumar, Manager of M/s. Chankya Picture Palace are the petitioners in this application.

(2.) Petitioners have filed this application for quashing the entire proceeding of Complaint Case No. 204(C) of 2003 including the order dated 30.1.2003 by which cognizance has been taken under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

(3.) Facts giving rise to the present application are that the opposite party No. 2. the Bihar State Electricity Board, (hereinafter referred to as the "Board") through its Assistant Electrical Engineer (Revenue) filed Complaint Case No. 204(C) of 2003 against the petitioners. Allegations in the complaint petition was that the Board gave H.T. connection to M/s. Chankya Picture Palace in the year 1982 on the assurance that the Chankya Picture Palace will pay the charges as per the various tariff notifications and the agreement for future energy supply. The complainant supplied the electricity energy under the H.T. tariff since August, 1982 to November, 1996, but the accused persons intentionally and knowingly neglected to pay the energy charges and other charges legally payable. Apart from the other dues a sum of Rs. 14,96,905.96 paise besides interest became due for the period upto November, 1996. The said amount was demanded from the accused persons, but the same was not paid resulting into disconnection for electricity line and forcing the Board to file the certificate case against the accused petitioners. During the pendency of the certificate case Surendra Kumar who is petitioner No. 3 in this application filed a writ application bearing C.W.T.C. No. 5512 of 2002 in the High Court, in the writ application he admitted the entire certificate amount to be payable. The said writ application was disposed of by order dated 23.5.2002 wherein it was observed as follows: