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2016 Supreme(Del) 1738

SUNITA GUPTA
RAJU – Appellant
Versus
BSES RAJDHANI POWER LTD. – Respondent


Advocates Appeared:
For the Appellant :Mr. S.S.Ahluwalia, Advocate
For the Respondent:Mr. Rishab Raj Jain, Advocate for respondent No.1.

JUDGMENT :

SUNITA GUPTA, J.

1. The appellant impugns the judgment dated 18th January, 2012 passed by the learned Special Electricity Court, Dwarka, New Delhi in CC No.408/10/08 u/s 135 of Electricity Act, 2003 whereby the appellant was held guilty under Section 135 of Electricity Act, 2003 (hereinafter referred to as “the Act”) and order on sentence dated 25th January, 2012 whereby he was sentenced to pay a fine of Rs.1,45,566/- in default to undergo simple imprisonment for four months. He was also liable to pay civil liability u/s 154(5) of the Act which was assessed to Rs.97,044/- along with interest @ 6% per annum from the due date of the bill, i.e., 23.07.2008 till its realization. The amount of civil liability was to be paid out of fine, if realized.

2. A complaint under Section 135 of the Act was filed by the respondent/complainant against the appellant, inter alia, on the allegations that on 17th June, 2008, at 12:55 pm, a joint inspection team headed by Mr. K.P. Solanki, Sr. Managar, Enforcement of the complainant company along with photographer Sh. Jai Prakash from M/s Arora Photo Studio inspected the premises number A-11-12, JJ Cluster, Maya Puri, New Delhi which was used an
















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