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The respondent is convicted for the offence punishable under Section 138 of N.I.Act, which has attained finality. The petitioner initiated proceedings under Section 421 Cr.P.C for recovering the compensation amount of Rs.6 lakhs from the respondent. The learned Magistrate issued non-bailable warrant for securing the presence of the respondent, against which the respondent filed a revision petition under Section 397 Cr.P.C. The learned Sessions Judge set aside the order passed by the learned Magistrate. Hence, this petition.

2. Heard learned counsel for the parties.

3. Section 421 Cr.P.C. deals with warrant for levy of fine when an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, i.e., (a) by issuing a warrant for the levy of the amount by NC: 2023:KHC:31038 attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter.

4. The learned Sessions Judge interpreting the provisions contained in Section 421 Cr.P.C has held that such warrant must be either under Section 421 (a) or (b) of Cr.P.C and not by issuing non-bailable warrant against the offender.

5. I do not find any illegality in the impugned order passed by the learned Sessions Judge.

Accordingly, petition is dismissed. Liberty is reserved to the petitioner to recover the compensation amount from the respondent in the manner known to law.