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8. An analysis of Section 421(1) Cr.P.C. clearly shows that where out of the fine amount imposed compensation has been directed to be paid, attempts to recover the amount under Section 421 Cr.P.C. must continue even after the default sentence is undergone by the offender. It therefore is evident that whether the default sentence is executed or not, the liability to recover the amount continues. In a case where there is a direction to pay compensation out of the fine amount, no court can give up steps for recovery under Section 421 Cr.P.C. merely because the default sentence has been undergone. In all cases where payment of compensation out of fine amount is directed under Section 357 Cr.P.C. attempt to recover the amount by issue of warrants under Section 421 Cr.P.C. must continue even after the default sentence is undergone.

9. Therefore, in the instant case whether the accused person is made available to undergo the default sentence or not and whether he actually undergoes the default sentence or not the Magistrate is bound to issue warrants under Section 421 Cr.P.C. to recover the fine amount which is liable to be paid.

10. There is nothing in the Code which stipulates that the default sentence need be undergone only if the recovery of the fine becomes impossible in spite of steps taken under Section 421 Cr.P.C. In Section 125 Cr.P.C. and Section 3(4) of the Muslim Women (Protection of Rights on Divorce) Act there is a stipulation that the sentence in default can be imposed only if the amount due "remains unpaid after execution of the warrant" under Section 421 Cr.P.C. But such a stipulation is not there in respect of fine/compensation imposed. Therefore, a default sentence can be executed even before warrants of arrest are issued and attempt is made to recover the same under Section 421 Cr.P.C. But the converse does not appear to be correct. It is not the law that a warrant under Section 421 Cr.P.C. of either description (a or b) cannot be issued if there is a default sentence imposed and such sentence is not executed. Though it is not necessary or essential that a Magistrate must wait to recover the amount before the default sentence is executed, it will always be humane and proper for a court to simultaneously attempt recovery of the fine amount because if the fine amount is recovered before the accused is made available for execution of default sentence unnecessary incarceration of an individual and deprivation of liberty can be avoided. If the fine amounts were recovered under Section 421 Cr.P.C. there can be no question of executing the default sentence after such recovery.

11. In this view of the matter, I am certainly of the opinion that every Magistrate, who is obliged to execute a sentence of fine and a default sentence (coupled with a direction for payment of compensation under Section 357(1) Cr.P.C.) will do well to issue warrants under Section 421 Cr.P.C. simultaneously with the attempt to apprehend the accused for execution of the default sentence. If properties, movable and immovable, are available and the amounts are recovered from such properties, the default sentence will not have to be executed at all. In this view of the matter, issue of warrant under Section 421 Cr.P.C. before default sentence is executed though not obligatory will certainly help an accused person also to avoid the default sentence. It shall help the victims also as the defaulter will not get time to clandestinely dispose of his properties to make them unavailable for attachment and sale.

12. In any view of the matter, I am unable to accept the stand taken by the learned Magistrate that because there is a default sentence and the said sentence has not been executed no warrant of arrest under Section 421 Cr.P.C. can or need be issued. The Magistrate is bound to attempt to recover the fine amount by issue of warrants under Section 421 Cr.P.C. notwithstanding the fact that there is default sentence and notwithstanding the fact that the default sentence has not been executed. I make it clear that even if warrants for recovery are issued under Section 421 Cr.P.C., there is no impediment in executing a default sentence if on the date of execution of the default sentence, the fine amount has not actually been realised and paid into court.