The jurisdiction of Civil Courts is not barred under Section 154 of the Electricity Act, 2003, in cases of alleged electricity theft if no FIR has been registered or complaint filed before the Special Court, as the statutory bar requires compliance with Section 135.

PANKAJ JAIN, J. (Oral)

1. Defendants are in a second appeal aggrieved of the judgment and decree passed by Courts below. For convenience, parties are being referred to by their original position in the suit, appellants as defendants and respondent as plaintiff.

2. In brief, plaintiff is a consumer of defendants for supply of electricity to her residential House No.153, Sector-17, Faridabad against electricity connection bearing Account No.FF-11/0218 installed in the name of plaintiff. On 27.01.2011, in exercise of routine checking, report was issued in which connected load was found to be 8.243 KW. Thereafter defendants issued a notice dated 03.10.2011 under Section 135 of Electricity Act alleging theft of energy and imposing penalty of Rs. 88,524/- as loss of revenue and another notice for compounding the offence by paying a sum of Rs.36,000/-. Plaintiff deposited the amount.

Hence the present suit.

3. Trial Court decreed the suit filed by the plaintiffs, thereby directing defendants to adjust the amount of Rs.1,24,524/- in the subsequent electricity bills of plaintiff. Further, Lower Appellate Court affirmed the findings of the Trial Court and dismissed the appeal.

4. The issue involved in the present regular second appeal relates to jurisdiction Civil Courts qua disputes between electricity supplier and the consumer wherein the supplier alleges theft of electricity against consumer.

5. Case wherein theft of electricity is claimed by supplier, no FIR was registered and cognizance of complaint was not taken by Magistrate, this Court had an occasion in RSA No.1952 of 2024, titled as “Sub Divisional Officer and another vs. Smt. Kamla Devi” decided on 27.10.2025 to deal with the issue in hand observing as under:-

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21. In view of the discussion held hereinabove and the scheme of the Act of 2003, it is held as under:

(i) Once theft of electricity is discovered by the authorities, they are empowered to disconnect the supply of electricity. Under Section 145 of 2003 Act, no Civil Court shall have jurisdiction to entertain an application seeking injunction on such act by an officer/authority empowered under 2003 Act to disconnect the electricity.

(ii) Within 24 hours of such disconnection, competent officer is obligated to lodge complaint, in writing, relating to commission of theft of electricity in police station having jurisdiction.

(iii) In case, the consumer pays the assessed amount of electricity charges, the electricity will be restored within 48 hours of such deposit. However, it needs to be noticed herein that such assessment and corresponding deposit, is without prejudice to the obligation to lodge the complaint in writing.

(iv) The Court can take cognizance of an offence under Section 135 of the Act upon a complaint, in writing, made by competent officer/authority or upon report of a police officer filed under Section 173 of Cr.P.C.

(v) Offences prescribed under Sections 135 to 140 or Section 150, are cognizable and non-bailable offences.

(vi) Once the police takes cognizance of the offence punishable under Sections 135 to 140 and Section 150, the first time offender can claim compounding of offence, as prescribed under Section 152. If the payment is made, a person in custody in connection with the offence, has to be set at liberty and no proceedings be instituted or continued against him in any criminal Court.

(vii) Acceptance of such payment, shall amount to acquittal within the meaning of Section 300 of Cr.P.C., 1973.

(viii) States may notify in the official gazette Special Courts to try offences punishable under Sections 135 to 140 and Section 150 with the object of providing speedy trial. In terms of Section 1