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2009 Supreme(Del) 1274

V.K.JAIN
BSES RAJDHANI POWER LTD. – Appellant
Versus
STATE N. C. T. – Respondent


Advocates Appeared
Mr. Sandeep Sethi, Sr. Adv. with Mr. Anupam Varma and Mr. Mahit Jolly, Advs.
Mr. R.N. Vats, APP for the State, Mr. S.D. Ansari, I. Ahmad and Mr. G.D. Ahmad, Advs.

JUDGMENT

V.K. JAIN, J.

1. These are five petitions under Sections 482 of the Code of Criminal Procedure, involving the same question of law Complaints under Section 135 of Electricity Act was filed by petitioner-BSES Rajdhani Power Limited in all these cases, alleging theft of electricity by the respondents. Besides seeking trial and punishment of the respondents, the petitioner also made a prayer to the Special Court to determine the civil liability in terms of Section 154(5) of Electricity Act.

2. An application was filed by the respondents under Section 154(5) of Electricity Act read with Section 7 of Court Fee Act for directing the complainant to pay ad valorem Court fee on the amount claimed by it. The Special Court held that the petitioner/complainant was bound to pay Court fee under Section 7(1) of Court Fee Act, on the amount which it was claiming as the civil liability. He accordingly directed the complainant/petitioner to pay ad valorem on the amount for which bill was raised by it against the respondents.

3. Section 154(5) of Electricity Act, 2003 reads as under:

“(5) The 1 [Special Court shall] determine the civil liability against a consumer or a person in terms








































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