Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CT CASES / 140/2025
BSES YAMUNA POWER LIMITED VS. OMBIR
PS HARASH VIHAR
04.11.2025
Fresh complaint case received by way of assigned. It be checked
and registered.
Present: Ms. Sarita Aggarwal, Ld. counsel for complainant
company.
Sh. Mukesh Sharma, AR for the Complainant.
Sh. Deepak Sharma, Assistant Manager is present.
CW-1 Sh. Mukesh Sharma and CW-2 Sh. Deepak
Sharma, examined, cross examined and discharged.
AR of the complainant company submits that he does
not want to examine further witness in pre-summoning 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-summoning 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 filed his
-- 1 of 2 --
affidavit Ex.CW1/A. By way of said affidavit, he has brought on
record copy of complaint, GPA and Copy of Board Resolution
which are Ex. CW1/A to Ex.CW1/C respectively. The
complainant has also examined CW2 who has filed his affidavit
Ex.CW2/1 and proved the relevant documents as CW2/A to
Ex.CW2/E i.e. Inspection report, load report, seizure memo, CD
of videography alongwith certificate U/s 63 BNS and theft bill
which are Ex.CW2/A to CW2/E 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.
At this stage, AR of the complainant company submits
that there are chances of settlement in the instant matter and the
present matter may be referred in the upcoming Lok Adalat.
In view of the above, present matter be sent to
upcoming Lok Adalat which is scheduled on 13.12.2025.
Accused be summoned on filing of PF as well as all
modes for NDOH.
Parties are directed to appear in person before the Lok
Adalat.
(ASHISH RASTOGI)
ASJ-05(Electricity)/East
Karkardooma Courts
Delhi /04.11.2025
-- 2 of 2 --