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Section 126 or/and 135
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Monetary & criminal liability–
We find that Section 126 of the Act deals with assessment of electricity
charges payable by such person (consumer) for unauthorized use of
electricity whereas Section 135 deals with the cases of theft of
electricity. The Board is at liberty to take recourse to the provisions of
Section 126 or/and 135 of the Act against such person/consumer as provided
therein in accordance with law. In these circumstances, if the Board
initiates any action against any person/consumer, then such action must be
brought to its logical end in accordance with the procedure prescribed
under the Act after affording an opportunity to such person/consumer.
.....Maharashtra State Electricity Distribution Co.Ltd.=VS=Appellate
Authority, (Civil), 2018 (1) [4 LM (SC) 57] ....View Full Judgment
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Maharashtra State Electricity Distribution Co.Ltd.=VS=Appellate Authority |
4 LM (SC) 57 |
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Section 135
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The Electricity Act
Section 135 r/w
The Code of Criminal Procedure, 1973
Section 482
Quash– The filing of FIR after passing of the award by the Lok Adalat was
wholly unjust and illegal and the same was not permissible being against
the terms of the award and also for want of any subsisting cause of action
arising out of demand. It is, therefore, not legally sustainable––
Settlement of the case and receiving the payment, the BSES filed FIR
No.548/15 against the appellant on 21.03.2015 under Section 135 of the
Electricity Act in P.S. Malviya Nagar, South Delhi in relation to the same
demand. ––The appellant felt aggrieved by the registration of FIR
against him and filed a petition under Section 482 of the Code of Criminal
Procedure, 1973 (hereinafter referred to as “the Code”) in the High
Court challenging its registration as being bad in law. ––The High
Court, by impugned order, dismissed the petition, which has given rise to
filing of the present appeal by way special leave by the appellant in this
Court. ––In our opinion, the effect of passing of an award was that
dispute in relation to the demand raised by the BSES was settled amicably
between the parties leaving no dispute surviving. The original demand was
for Rs.97,786/whereas the dispute was settled at Rs.83,120/in full and
final satisfaction of the claim made by the BSES against the appellant.
––The filing of FIR after passing of the award by the Lok Adalat was
wholly unjust and illegal and the same was not permissible being against
the terms of the award and also for want of any subsisting cause of action
arising out of demand. It is, therefore, not legally sustainable. ––The
appeal succeeds and is accordingly allowed. The impugned order is set
aside. As a consequence, the petition filed under Section 482 of the Code
by the appellant is allowed and FIR No. 548/2015 registered in PS Malviya
Nagar, South Delhi against the appellant is hereby quashed. .....Saleem
Ahmed =VS= State, (Criminal), 2023(1) [14 LM (SC) 8] ....View Full Judgment
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Saleem Ahmed =VS= State |
14 LM (SC) 8 |