Order 1

Order Details: COPY OF ORDER
Pdf Text: CT Case No.42/2024
BSES VS. Jatin
Fresh complaint filed. It be checked and registered.
22.03.2024
Present. Sh. Mukesh Sharma, AR of the complainant.
CW1 Sh. Mukesh Sharma and CW2 Sh. Jeet Ram
(Assistant Manager) examined and discharged.
AR of the complainant company submits that he
does not want to examine further witness in pre-summonig
evidence and request is made for closing pre-summoning
evidence. In this regard, statement of AR of the complainant
company is recorded separately. Accordingly pre-summong
evidence stands closed.
Arguments heard.
It is stated by the AR that the complainant company
has led the pre-summoning evidence in this case and examined
CW1 and CW2 who have proved the documents with regard to
theft of electricity on record and thus, there is sufficient evidence
for summoning of the accused in this case.
Perusal of the record reveals that the complainant
company has filed complaint U/s 151 r/w section 154(5) of the
electricity Act for the offences u/s 135 of the Electricity Act. The
pre-summoning evidence led by the complainant company has
been perused. In support of the complaint, complainant company
has examined CW1 Sh Mukesh Sharma, AR who has
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filed his affidavit Ex.CW1/A. By way of said affidavit, he has
brought on record the GPA as Ex.CW1/2 which authorizes him to
file the complaint case which is Ex.CW1/1. The complainant has
also examined CW2 who has filed his affidavit Ex.CW2/A and
proved the relevant documents as CW2/1 to Ex.CW2/8 i.e.
inspection report, load report, seizure memo, Certificate U/s 65
of Indian Evidence Act, CD of videography, Advisory Notice,
Demand Notice and theft bill respectively.
It is well settled principle of law that at the time of
summoning of accused, only prima-facie material is to be seen.
Perusal of the complaint, affidavit of CW1 and CW2 as well as
documents placed on record, this Court is of the view that there is
sufficient prima-facie material to summon the accused in this
case for the offence punishable under Section 135 of Electricity
Act, 2003.
Accused be summoned on filing of PF for
04.05.2024.
(Ashish Rastogi)
ASJ (Electricity)
KKD/East/22.03.2024
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