IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 Crl.Rev.Pet.No. 2551 of 2008(D) ------------------------------ ST.229/2007 of Judicial First Class Magistrate -IV, KOCHI .................... REVN. PETITIONER/ COMPLAINANT:- --------------------- M/S.SELECT STOCK BROKERS LTD. HEAD OFFICE, 1ST FLOOR, ST.REDDIAR AND SONS BLDG., VEEKSHANAM ROAD,KOCHI-35, REP. BY ITS AUTHORIZED OFFICER, JOHNKUTTY JAMES 35 YEARS S/O.V.S.JAMES JOSEPH, GENERAL MANAGER SELECT STOCK BROKERS LTD, 1ST FLOOR, ST REDDIAR & SONS BLDG., VEEKSHNAM ROAD,KOCHI-35. BY ADV. MR.B.PREMNATH MR.SHAJI SEBASTIAN RESPONDENTS/ACCUSED AND STATE:- -------------------------------------------- 1. RAJU.J.THULUVATH, THULAVATH HOUSE PISHARATH LANE, IRINJALAKUDA, TRICHUR 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR.JAYAKRISHNAN, PUBLIC PROSECUTOR THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ========================= Crl. R.P. No. 2551 of 2008 ========================= Dated this the 24th day of February, 2009. O R D E R This is a revision filed by the complainant in S.T. No. 229 of 2007 on the file of the Judicial First Class Magistrate -IV, Kochi which was a prosecution under Section 138 of the Negotiable Instruments Act. He is aggrieved by the lenient sentence said to have been recorded by the trial court. Since the accused had taken up the matter in appeal as Crl. Appeal No. 368 of 2008 before the Sessions Court, Ernakulam and the Sessions Court had disposed of the appeal, the sentence imposed by the trial court has merged in that of the lower appellate court. Hence this revision directed against the sentence imposed by the trial court is misconceived and is dismissed as such. Dated this the 24th day of February, 2009. V. RAMKUMAR, JUDGE. rv