Ishan Chandra Das, J. - (1.) Heard the learned Counsel for both the parties.
(2.) The instant criminal appeal has been directed against the judgement and order of acquittal coupled with a direction upon the appellant/complainant to refund the collected money to the tune of Rs. 1,50,064/ - (paid by the private respondent No. 2 during pendency of the Electricity Case No. 33 of 2011) passed by the learned Judge, Special Court at Arambagh, Hooghly under the Electricity Act, 2003.
(3.) The backdrop of the case, as it is manifested from the written complaint (Exhibit -2) was that the Station Manager, Gourhati Group Electric Supply, Hooghly, lodged a written complaint before the Inspector -in -Charge of Arambagh Police Station alleging that on 20th November, 2010 at about 1 -30 p.m. the defacto -complainant and his companions entered the premises of the respondent on service of entry notice upon him and on inspection it was found that the accused -respondent No. 2 was using electricity from the meter installed by the W.B.S.E.D.C. Ltd. for domestic category connection having Consumer No. A -020401 in the name of Adhir Chandra Nandy (father of the respondent No. 2) for running poultry firm which is for commercial purposes. Accordingly, the defacto -complainant, being an agent of the appellant lodged a written complaint before the Inspector -in -Charge of the concerned Police Station against the present respondent No. 2 alleging commission of offence punishable under Sec. 135(1)(e) of the Act of 2003.;