IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49842 of 2007 PRASHANT KUMAR SAHU,Son of Jacob Sahu, resident of Hope Apartment, Mohalla-Anandpuri, P.S.S.K.Puri, Distt-Patna ------------------------ Petitioner Versus 1. The State of Bihar 2. Bihar State Electricity Board, through Assistant Engineer, S.K. Puri, Patna ----------------- Opp.Parties. ----------- For the petitioner : M/S Naresh Chandra Verma, and Ram Kumar Singh, Advocate For B.S.E.B. : M/S. Vinay Kirti Singh, and Vijay Kumar Verma, Advocate ---------------- 4 22-01-2009 The petitioner who along with another is named accused in the F.I.R. of Srikrishnapuri P.S.Case no.101 of 2006 has prayed for the quashing of the order dated 11.9.2006 passed therein by the learned Chief Judicial Magistrate, Patna , whereby he has taken cognizance under Section 135 of the Electricity Act,2003. According to the written report submitted by the Assistant Electrical Engineer, Srikrishnapuri, as submitted to the Officer Incharge, Sri krishnapuri Police Station, the petitioner was accused of committing theft of electrical energy whereby the Electricity Board had suffered a total loss of revenue to the time of Rs.24,000/-. It has been submitted by the learned counsel for the petitioner that he has already made good the revenue loss caused to the Board by paying the total amount of Rs.24,000/- on 26.6.2006 and notwithstanding the provisions of Section 152 of the Electricity Act,2003, cognizance has been taken. Relying on the provisions of - 2 - Section 152(3) of the Electricity Act, 2003, it was sought to be submitted that acceptance of the amount with penalty amounts to acquittal and as such the continuance of the present proceeding was an abuse of the process of the court. Sub-section (3) of Section 152 of the Electricity Act provides for statutory compounding of the offence under the Electricity Act, 2003. This proposition has not been rebutted on behalf of the Electricity Board. Cogent material in the form of Annexure - 3 showing the payment of the bill for Rs.24, 000/-issued by the Bihar State Electricity Board has been produced by the petitioner and is not denied by the learned counsel for the Board. Accordingly, the continuance of the criminal proceeding would amount to an abuse of the process of the court and is quashed. The application is allowed. ( Abhijit Sinha, J ) NKS/-