Uttam Kumar Saha vs The State Of West Bengal
2023 Latest Caselaw 1674 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                            CRR 4295 of 2022


                          Uttam Kumar Saha
                                 Vs.
                       The State of West Bengal


      Mr. Subrata Karmakar
            ..for the petitioner

Item No. 16


Heard & Judgment on:           14.03.2023


Bibek Chaudhuri, J.

In the instant revision the petitioner has challenged an order

dated 4th July, 2022 passed by the learned Additional Sessions Judge-

cum- Judge Special Court (Indian Electricity Act) Murshidabad at

Berhampore in connection with IE Case No.471/2016 under Section

135(i)(a) of the IE Act.

It appears from the certified copy of the case pending before

the trial Court that the learned trial Judge insisted for money receipt

showing payment of arrear bill before further proceeding with the trial

of the case.

It is submitted by the learned advocate for the petitioner that

the petitioner is not the consumer. The recorded consumer in respect

of the concerned electric connection is his wife. It is contended on

behalf of the petitioner that there is huge discrepancy with regard to

the consumption of electricity and demand made by the WBSEDCL. It

is also submitted that the petitioner has already moved the Appellate

Authority under Indian Electricity Act for determination of arrear bill

against the order of the Assessing Officer. Therefore, he is not in a

position to produce the money receipt showing payment of arrear bill

before the trial Court.

Having heard the learned advocate for the petitioner and on

perusal of the entire materials on record, the instant revision is

disposed of adjourning IE Case No.471/2016 sine die till final decision

of the Appellate Authority regarding arrear bill to be paid by the

petitioner and payment of such arrear by the petitioner.

(Bibek Chaudhuri, J.)