Section 359(1) in Criminal Courts - Rules and Orders
(1)Under sub-section 1(a) of Section 386 of the Code it is in the discretion of the Court passing a sentence of fine to issue a warrant for the levy of the amount by attachment and sale of movable property belonging to the offender although the sentence provides for his imprisonment in default. The warrant may be issued only by the Court by which the offender is sentenced, i.e., by the Judge or Magistrate who passes the sentence or by his successor in office (see Section 389).