Payment of civil liabilities does not extinguish criminal liability under the Electricity Act, as both operate independently; compounding an offence is at the discretion of the Electricity Company.

JUDGMENT :

J. C. DOSHI, J.

1. The present petition is filed under Section 482 of the Cr.PC for the following reliefs:-

“a.To quash the F.I.R. Cr-ll 72 Of 2013 registered with G.U.V.N.L. Police Station, Surat (Previously known as G.E.B Police Station, South Zone, Surat)[Annexure - AJ and the investigation pursuant thereto in the interest of Justice,

b. Pending admission and final hearing, be further pleased to stay proceedings/investigation of F.I.R. Cr-II 72 Of 2013 registered with G.U.V.N.L. Police Station, Surat (Previously known as G.E.B Police Station, South Zone, Surat) (Annexure-A).”

FACTS RELEVANT TO DECIDE THE PRESENT PETITION ARE AS UNDER:-

2. The petitioners are Trustees of the Milestone Education Trust, (for short, “Turst”) which manages Shanti Asiatic School. In 2010, the Trust applied for and was granted a temporary electricity connection by DGVCL, which remained operative until 17.10.2012. Upon disconnection, the meter was found in working condition. Subsequently, the Trust applied for a permanent connection on 17.12.2012, following which a transformer was installed. The petitioners allege that the transformer was non-functional, compelling the Trust to operate the school via generator to ensure uninterrupted academic activity. It is further alleged that electrical wiring was laid between the transformer and generator. However, DGVCL accused the Trust of unauthorized use of electricity and raised a demand notice, initially dated 18.01.2013, claiming Rs. 62,49,722.65/- towards usage and Rs. 5,76,650/- as compounding charges, later revised on 15.02.2013 to Rs. 76,72,864.91/- and Rs. 10,88,000/- respectively.

2.1. Aggrieved, the Trust filed a civil suit challenging the supplementary bill and seeking interim relief, which was conditionally allowed on the deposit of Rs. 80 lakhs. The Trust then approached this Hon’ble Court by way of Special Civil Application No. 11321 of 2013, in which, by order dated 01.10.2013, this Court directed DGVCL to restore electricity supply upon payment of Rs. 60 lakhs, which was duly complied with. The civil suit remains pending. The Trust contends that the bill was unjustified as it covered a period of one year, despite the transformer being installed only on 17.12.2012 and the raid being conducted on 17.01.2013, thereby suggesting a billing period of just one month. Additionally, the Trust asserts that the raid was carried out in an arbitrary manner, and signatures of school authorities were allegedly obtained under duress.

2.2. The Trust attempted to compound the offence and tendered a demand draft of Rs. 5,76,650/- to DGVCL as per its original calculation, but the same was refused on the ground that higher amounts were outstanding. The authorities allegedly assured the Trust that upon payment, the matter would be closed as compounded. However, despite compliance under protest, the Trust was later served with summons under Sections 91 and 160 of the CrPC by the DGVCL Police Station. The petitioners contend that the invocation of criminal proceedings is an abuse of process, particularly when the dispute is essentially civil in nature and the Trust is willing to settle compounding charges subject to the outcome of pending civil proceedings.

SUBMISSION OF THE PETITIONERS:-

3. Learned Senior Counsel Mr. Asim Pandya, assisted by learned advocate Jay S. Shah appearing for the petitioners, submitted that the supplementary electricity bill issued by the private respondent consequent upon inspection of the petitioners' electricity connection has been contested through proceedings instituted before the Special Court. The impugned supplementary bill includ