Judgment

DAS GUPTA, J. : Can an application for revision under S. 439 of the Criminal Procedure Code be entertained by the High Court after the death of the accused person against whom the order was made ? That is the important question raised in this appeal. Gobindankutty Nair, a Cashier of the Trivandrum Branch of the State Bank of India was convicted by the Sub-Divisional Magistrate, Trivandrum, of an offence under S. 381 of the Indian Penal Code on a charge of theft of an amount of Rs. l0,000 belonging to the Bank. A Fiat Car which has been purchased by the accused was seized by the police during the investigation of the case and it was alleged that this had been purchased with the money stolen by the accused. The car was sold under the orders of the Court and the sale proceeds deposited in Court. The Magistrate sentenced the accused to rigorous imprisonment for one year and also ordered that the sale proceeds of the car would be withdrawn by the Head Cashier of the Bank for appropriation towards the amount proved to have been stolen by the acussed.

2. The accused s appeal to the Sessions Court was unsuccessful. Though no separate order was made by the Sessions Court in respect o