N.K.Sen, J. - (1.) This is an appeal by special leave under the provisions of Section 417 (3) of the Code of Criminal Procedure against an order of acquittal dated 1-10-1956 passed by Shri R.N.N. Sahai, Magistrate, First Class, Purulia.
(2.) The appellant's case, as made out in his petition of complaint, is that he is a consumer of electrical energy and has an Ice-cream factory and flour mill where he has been using electrical energy since 1950. The respondent Purulia Electric Supply Corporation Ltd., holds a licence under the Indian Electricity Act. 1910 granted by the Government of Bihar for the supply of electrical energy within the limits of Purulia Municipality. In the year 1951, the respondent used to supply electrical energy to all Industrial consumers for running motors far 19 hours a day. In November, 1952 the respondent informed the Industrial consumers that DO power could be supplied on Sundays which days they had set apart for the purpose of maintenance of 200 K.W. set. In March, 1953, on the plea of overhauling the engines, the respondent stopped supply of energy to Industrial consumers for some time. Thereafter the respondent restricted the supply to twelve hours a day. Again in May. 1353 the Resident Engineer of the respondent made a further restriction of supply by reducing it to 6 hours a day. The appellant complains that these frequent and fitful changes and restrictions in the supply of electrical energy, unilateral in character, were in clear contravention of the terms of their licenses and the provisions of Indian Electricity Act. The appellant alleges that on 9-8-1953, the Resident Engineer of the respondent who visited the premises of the appellant during his absence disconnected the supply line to his flour mill. The said Engineer gained access to the Meter Box by falsely representing to the employees of the appellant that he was going to test the meter. It is, further, alleged that on 10-8-1953 one of the Direction of the Respondent Company informed the appellant that as the appellant's motor was found running on a Sunday, his supply was stopped under the authority given to the respondent Company by the Electric Inspector, Bihar.
(3.) The respondent admitted that the supply of energy was cut off on 9-8-1953, but the allegation about entering the meter box room was false since the energy was cut off from the mains. The defence case further was that the respondent with the approval of the Electric Inspector, Bihar has stopped supplying energy to all Industrial consumers on Sundays as on those days the bigger engine was repaired and the smaller one was used for domestic and essential supplies.;