order under Section 359, by virtue of this section, be construed as if in the proviso to Sub-section (1) of Section 421, after ... under Section 359 Cr.P.C. which is a deemed fine under Section 431 , Cr.P.C. is, by the proviso to Section 431, brought
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 ... compensation out of
the fine under Section 357.
(emphasis supplied)
8. An analysis of Section 421(1) Cr.P.C. clearly shows that
where
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
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
ensuring
that steps for recovery by issue of warrants under Section 421
Cr.P.C are taken before proceeding to impose the sentence ... absolutely reasonable.
Crl.M.C. Nos.698 and 3245 of 2008 9
13. Finally it is contended that steps under Section 421
amount from the movable and immovable properties
of the petitioner under Section 421 Cr.P.C.
3. It is not the law at all that ... executed
only after the steps to recover the amount under Section 421 Cr.P.C.
fail to bear fruit. No principle or precedent is cited
fact that the provisions occur in the Code of Criminal Procedure and not the Code of Civil Procedure and the fact that the recalcitrant opposite ... proceedings from civil to criminal. The provisions have been incorporated in the Code of Criminal Procedure only with a view to expedite the proceedings
unpaid after execution of the warrant.
Warrants must be issued under Section 421 Cr.P.C both for
attachment and sale of movable and immovable ... dispose of these petitions afresh
after taking necessary steps under Section 421 (1) Cr.P.C to
recover the amounts by issue of a warrant
attempt to recover the fine amount
by issue of warrants under Section 421 Cr.P.C against the
properties of the firm and from ... recovered from the 1st accused firm as stipulated under Section
421 Cr.P.C. The petitioner submits that the learned Magistrate
has incorrectly issued
