recover the amount liable to be continued under the proviso to Section 421 , Cr.P.C. even after the accused undergone the default sentence? These ... 421 , Cr.P.C. did already cover all payments directed under Section 357. Cr.P.C . and not the one under Section 357(1)
Code of Criminal Procedure and
though the proviso to Section 431 of Code of
Criminal Procedure provides that Section 359 of
Code of Criminal Procedure ... Criminal
Procedure.
16. Section 431 of Code of Criminal
Procedure is to be appreciated in this
background. Section 431 of Code of Criminal
Procedure applies
Code of Criminal Procedure and
though the proviso to Section 431 of Code of
Criminal Procedure provides that Section 359 of
Code of Criminal Procedure ... Criminal Procedure.
16. Section 431 of Code of Criminal
Procedure is to be appreciated in this
background. Section 431 of Code of Criminal
Procedure applies
criminal court issue a warrant under Section 421
Cr.P.C. for recovery of the fine/compensation imposed without
and before executing the default sentence ... bound to
Crl.M.C.No. 3677 of 2008
9
attempt to recover the fine amount by issue of warrants under Section
421
fine imposed by it
under the Code. The procedure for recovering a fine is dealt with under
Section 421 , Cr.P.C. A notice ... could not be recovered in the manner
Crl.A.No.700/2015 6
provided under Section 421 , Cr.P.C. the person so bound
debts."
9. Sec.357(3), Sec. 421, and Sec. 431 of the Code of Criminal
Procedure, 1973, provide as follows ... Cr.P.C . Sec. 70 I.P.C. and Sec. 421(1) proviso would make it clear
that by a legal fiction, even though
otherwise expressly provided for in the Code of Criminal Procedure . Thus, it is plainly clear from S.431 Cr.P.C. that compensation awarded ... Cr.P.C. providing for recovery of money (other than fine) payable by virtue of any order made under the Criminal Procedure Code
true that Section 421 enumerates the
procedure for recovery of the fine amount, it must be noted that
Section 421 does not at all fetter ... that a Magistrate
has to exhaust the procedure under Section 421 Cr.P.C before
imposing or executing a default sentence
paid the amount, under section 70 of the IPC the
amount can be recovered under section 421 Cr.P.C. The fact
that the petitioner ... amount can be recovered by resort to the
procedure for recovery of the amount under section 421
Cr.P.C. the decision in Kuldip Kaur
petitioner is that there is no procedure envisaged either under Code of
Criminal Procedure (` Cr.P.C ' for short) or under the Protection ... been violated, the procedure prescribed under Section 125(3)
of Cr.P.C r/w 421 of Cr.P.C shall be followed. Section 421
