- (1.) This Rule is against an order of conviction and sentence under Section 44(d) of the Indian Electricity Act, 1910.
(2.) The prosecution case is as follows: M/s. P. C. Roy Chowdhury and Sons are the proprietors of the Southern Market. The Petitioner is a tenant under them in respect of two stalls, namely, Nos. E3 and E4 at a daily rental of Rs. 3 each. He had his separate electric connection from the Calcutta Electric Supply Corporation and he had a separate electric meter for the same. But still he had committed theft of electricity from the main line of M/s. P. C. Roy Chowdhuay and Sons which supplies electricity to the Southern Market. This was detected sometime in July 1967 and thereafter the opposite party, who is the superintendent of the market under M/s. P. C. Roy Chowdhury and Sons, filed the instant petition of complaint.
(3.) On this allegation the Petitioner was charged under Section 44(d) of the Indian Electricity Act. The Petitioner pleaded not guilty. The learned Magistrate, however, convicted him and sentenced him to a fine of Rs. 200, in default, simple imprisonment for one month. The Petitioner preferred an appeal, but the appeal was dismissed.;