Prithvi Raj, J. :- The respondent was tried on a complaint filed under S. 39 of the Electricity Act read with S. 397 I. P. C. on the allegation that he had taken a temporary connection from a pole near Arya Samaj Mandir near Quarter No. 168- E, Dev Nagar, without a meter and thereby dishonestly consumed electrical energy. The trial court by its impugned judgment dated March 6, 1975. holding that the complaint filed by Shri K. L. Katyal, Zonal Superintendent, Zone No. 6, Karol Bagh Delhi, was not competent within the requirements of Section 50 of the Indian Electricity Act, 1910 (hereinafter the Act), and in that view of the matter dismissed the complaint and recorded acquittal of the respondent. The complainant feeling aggrieved has filed the present appeal.

1A. Section 50 of the Act reads as follows :-

"50. Institution of prosecutions.- No prosecution shall be instituted against any person for any offence against this Act or any rule, license or order thereunder, except at the instance of the Government or an Electrical Inspector, or of a person aggrieved by the same."

2. The question therefore that arises for consideration in this case is whether Shri Katyal was an aggrieve