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2019 Supreme(SC) 273

A.M.SAPRE, DINESH MAHESHWARI
Mukesh Chand – Appellant
Versus
State(NCT) Of Delhi – Respondent


Advocates Appeared:
For the Appellant : Mr. Anil Kumar Gautam, AOR.
For the Respondent.: Mr. Sonal Jain, AOR Mr. B. V. Balaram Das, AOR

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. These appeals are directed against the final judgment and order dated 10.12.2018 passed by the High Court of Delhi at New Delhi in Crl. M.A. No. 49292/2018 in Crl. M.C. No. 2757/2018 whereby the High Court dismissed the application filed by the appellant herein.

3. A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point.

4. The appellant was a consumer of electricity. He, therefore, obtained one electricity connection from respondent No. 2 - BSES Rajdhani Power Limited (hereinafter referred to as "BSES") for his business premises.

5. Respondent No. 2-BSES sent a bill to the appellant for consumption of electricity to the tune of Rs. 3,54,598.21 on 22.09.2014. According to BSES, the appellant had committed theft of electricity and on it being detected, the bill in question was sent to the appellant.

6. Since the appellant failed to pay the bill amount, the BSES filed FIR against him under Section 135 of the Electricity Act, 2003 (hereinafter referred to as "the Act") and sought the appellant's prosecution for commission of theft of electricity under the Act. It was also followed by notice under S











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