recovered as if it is a fine under section 421 of the Code of
Criminal Procedure, 1973. Such amount of fine under
section 421 ... compensation is recovered by
following procedure under section 421 of the Code of Criminal
Procedure. Apart from the said fact, the proceedings under section
direct interim compensation.--
(1) Notwithstanding anything contained in the Code
of Criminal Procedure , 1973 (2 of 1974), the Court
trying an offence under Section ... recovered as if it were a fine under
Section 421 of the Code of Criminal Procedure,
1973(2 of 11974).
(6) The amount of fine
made by this
Court to the provisions of Section 421 of the Code of Criminal Procedure
which reads as under:
"421. Warrant for levy ... Emphasis supplied).
In view of the proviso to section 421 of the Code of Criminal
Procedure, it was held as under:
"A perusal
also expressed the same opinion based on section. 421 of the Code of Criminal Procedure .
The decision in Chandrika 's case ... heard in terms of the proviso to Section 421 of the Code of Criminal Procedure is not a judgment delivered without jurisdiction
what is the remedy ? The remedy is provided in Section 125(3) Cr.P.C. which reads as follows :
"If any person so ordered ... that the Magistrate can follow the procedure prescribed for levying fines for recovering the arrears of maintenance. Section 421 Cr.P.C. provides
without issuing notice to the Government Advocate under Section 421 of the Criminal Procedure Code which runs as follows:
1. On receiving the petition ... summary rejection of an appeal under the provisions of Section 421 , Criminal Procedure Code does not amount to judgment and Section 424 has no application
months simple imprisonment for the lower Court to levy under
Section 421 Cr.P.C. and enforce it.
15. Accordingly and in the result
appellant.”
5
9. Both under the Old Code as well as under the
present Code of Criminal Procedure , it is provided
that the appeal against ... provisions of Code of
Criminal Procedure is recoverable from movable and
immovable properties of the accused, Section 421
Cr.P.C. provided as follows:-
“421
namely, Pankaj Sharma (Crl.A. 255/2015), Manoj Kumar
& Rohit Kumar (Crl.A. 270/2015), Ashok Kumar Sharma, Deepak
Crl ... Kumar (Crl.A. 312/2015), Raj Kumar @ Raja (Crl.A. 329/2015) and
Kamal Raj Sharma (Crl.A. 418/2015) under Section 374(2)
continued against the Managing Director and Director, respectively.
Criminal Appeal arising out of SLP (Criminal) No.3500 of 2020
1. Leave granted.
2. The complaint ... warrants of attachment have been issued under Section 431 read
with Section 421 Cr.P.C. against various accused persons, including
the corporate debtor
