Electricity cannot be declined to a tenant on ground of failure/refusal of landlord to issue no objection certificate

Citation

AIROnline 2022 SC 1005

SUPREME COURT

INDIRA BANERJEE , J. and C. T. RAVIKUMAR , J.

CRIMINAL APPEAL - 810 of 2022 D/- 13 - 5 - 2022

Dilip(dead) Through Lrs. v. Satish and Ors.

Criminal P.C. (2 of 1974), S.482 - Penal Code (45 of 1860), S.415 - Quashing of FIR - Offence

of cheating - Allegations that accused allegedly fabrication no objection certificate for supply of

electricity in his own name and also forged signatures thereon of complainant and her brother

- Electricity cannot be declined to a tenant on ground of failure/refusal of landlord to issue no

objection certificate - However, Electricity supply authority needs to examine as to whether

accused for electricity connection was in occupation of premises in question - High Court

completely overlooked definition of cheating - Order quashing FIR, liable to be set aside.

 (Paras 8 , 9)