1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.906 OF 2009 Kapil M. Sharma ...Applicant. v. Maharashtra State Electricity Distribution Company Ltd. And Anr. ...Respondents. Ms. Suvarna Avhad Vast i/by Shri V.V.Purwant, advs. For the Applicant. Mr.S.D.Tigde,adv. For the Respondent No.1. Smt. A.A.Mane, APP for the Respondent No.2/State. CORAM : J.H. BHATIA, J. DATED : JUNE 22, 2010 P.C. 1 Heard the learned counsel for the parties. Applicant against whom C.R.No.960/08 under Section 135(1)(e) of the Electricity Act was registered has filed this application to quash the F.I.R. According to the applicant on 22.9.2008, junior engineer of M.S.E.B. had drawn a panchanama about the alleged theft of the electricity by the applicant and also disconnected electric supply. He lodged report to the police on 4.10.2008. It is contended that in view of the second proviso to Section 135(1)(a), the report has to be lodged with the police within 24 hours from the time of disconnection. It is contended that as the report was not lodged within 24 hours, the report is barred by limitation and is liable to 2 be quashed. 2 The learned counsel for the applicant could not point out from any document that the electricity was disconnected on 22.9.2008. Report dated 4.10.2008 only reveals that on 22.9.2008 a panchanama was prepared about the theft of the electricity. It nowhere states that the electricity was also disconnected. Contention of the applicant is only defence, which can not be considered at this stage. Therefore, I do not find any substance in the present application. 3 Application stands dismissed. (J.H. BHATIA,J.)