Section 49E(5) in Indian Electricity (Andhra Pradesh Amendment) Act, 2000
(5)The Special Court shall determine the order in which the civil and criminal liability against a consumer or person be initiated. It shall be within the discretion of the Special Court whether or not to deliver its decision or order until both Civil and Criminal Proceedings are completed. The evidence admitted during the criminal proceeding may be made use of while tidying the civil liability. But additional evidence, if any. adduced in the civil proceedings shall not be considered by the Special Court while determining the criminal liability. Any person accused of theft or the abatement thereof before the Special Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charge made against him or any person charged together with him in the criminal proceedings :Provided that he shall not be called as a witness except on his own request in writing or his failure to give evidence shall not be made the subject of any comment by any of the parties or the Special Court or give rise to any presumption against himself or any person charged together with him at the same proceeding.
