Fahad vs BSES Yamuna Power Limited

Petitioner is facing prosecution in relation to one complaint filed under Section 135 of Indian Electricity Act, 2003.

The parties were earlier referred to Mediation but the same was not successful, and when further hearing took place, there was no presence from the side of the accused which resulted in issuance of NBWs against the accused vide order dated 10.11.2025.

The accused filed an application seeking cancellation of such warrants submitting that he could not come as he was to take care of his ailing mother. Fact, however, remains that the learned Trial Court has dismissed his such application and has directed him to surrender.

It is in this abovesaid backdrop that the present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023.

Learned counsel for respondent-BSES Yamuna Power Limited appears on advance notice.

During the course of arguments, learned counsel for the petitioner submitted that the next date of hearing before the learned Trial Court is 23.02.2026 and he would appear before the learned Trial Court and would also bring a draft of Rs.44,675/- in the name of respondent herein. He submits that above is the outstanding amount as per the last generated bill i.e. bill generated on 26.12.2025. He states that on earlier occasions, he went to BSES office to deposit amount, but same was not accepted.

Learned counsel for respondent submits that though he has no instructions with respect to actual outstanding amount in the matter, he would have no objection if the NBWs are re-called, while directing petitioner to comply with the abovesaid undertaking.

In view of the above, present petition is disposed of with the direction that the NBWs issued against the petitioner would remain in abeyance. On the next date of hearing i.e. 23.02.2026, the petitioner would appear before the learned Trial Court and bring along a draft of the abovesaid outstanding amount.

Learned Trial Court is also requested to refer the matter afresh to Mediation as both the counsel submitted that there is every possibility of amicable settlement in the matter.

The petition stands disposed of in aforesaid terms.

The pending application also stands disposed of in aforesaid terms.

A copy of this order be given dasti under the signatures of Court Master.