STATE OF KERALA Vs. K K BALAN

JUDGEMENT

(1.) The revision by the State is against the judgment passed by the Sessions Court, Kottayam allowing Crl.A. 116/1993 whereby the respondent here in was acquitted of the offences under section 409 and 477A of the I P C.

(2.) The learned counsel for the respondents submitted that the revision is not maintainable in view of sections 378(1) and 401(4) of the Code of Criminal Procedure, He also placed reliance in this regard on the decision in Krishnanlal Oberoi v. Corporation Of Cochin (1979 K.L.T. 75).

(3.) The learned Government Pleader who was heard submitted that even if the revision is not maintainable, there is ample power vested with this court to convert the revision as appeal invoking powers under sec. 401 (1) of the Cr. P.C.