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2014 Supreme(Del) 3263

S.MURALIDHAR
B. S. E. S. Rajdhani Power Ltd. – Appellant
Versus
Jagat Ram, R. K. Gupta, P. P. Singh, Rajiv Bhasin, Hasibuddin, Grover Restaurant – Respondent


Advocates:
For the Appellant :Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate.
For the Respondent in Crl. A. 1051/2008:Mr. Aditya Sharma proxy for Mr. S. Satyanarayana, Advocate.
For the Respondent in Crl. A. 1052/2008:Mr. Vijay Gupta, Advocate.
For the Respondent in Crl. A. 1053/2008: None.
For the Respondent in Crl. A. 1054/2008:Mr. Mukul Dhawan, Advocate.
For the Respondent in Crl. A. 1055/2008: None.
For the Respondent in Crl. A. 1056/2008: None.

JUDGMENT :

The issue for consideration:

1. These appeals raise an interesting but substantial question of law regarding the powers and jurisdiction of special electricity courts in the context of compounding of offence of theft of electricity under Section 152 of the Electricity Act, 2003 (“Act”). The question raised by the Appellant, B.S.E.S. Rajdhani Power Limited (“BRPL”) in all these cases is that, whether, notwithstanding the compounding of the criminal liability of a consumer under Section 152 of the Act, the special court can nevertheless proceed to determine the civil liability in exercise of its powers under Section 154(5) of the Act? Resultantly, it is sought to be urged that the consequences of compounding in terms of Section 152(3) of the Act, i.e., a deemed “acquittal” within the meaning of Section 300 of the Criminal Procedure Code, 1973 (“Cr PC”) will not extinguish the civil liability of such consumer which can be proceeded to be determined by the special court under Section 154(5) of the Act.

Background facts:

2. The facts in all these appeals are more or less si


















































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