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
payable
under this section may be recovered as if it
were a fine under section 421 of the Code
of Criminal Procedure ... interim compensation, deemed as fine under Section
143-A of the Act, can be recovered under Section 421 Cr.P.C by attachment
and sale
important to examine
the relevant provisions of the Code of Criminal Procedure ,
1973.
20. Section 357 (3) Cr.P.C. provides:
When a Court imposes ... order under section 359, by
virtue of this section, be construed as if in the
proviso to sub-section (1) of section 421, after
payable under this
section may be recovered as if it were a fine under
section 421 of the Code of Criminal Procedure ... payable under that Section may be
recovered as if it were a fine under Section 421 of the Code of Criminal
Procedure, 1973. The legislative
mediation ( Section 89(c) &(d) of the
Code of Civil Procedure ). It is further observed that as far as
criminal procedure are concerned, statutory ... addition to it, the provisions of Code of Criminal
Procedure i.e. Section 29 , 320, 357, 421 and 431 also
highlighted
facts bring in Section 357 CrPC particularly sub Section 3 of
Section 357 together with 431, 421 CrPC into the picture ... have especially in view of the proviso to sub section
1 of Section 421 CrPC, where a clear distinction have been made
debts."
9. Sec.357(3), Sec. 421, and Sec. 431 of the Code of Criminal
Procedure, 1973, provide as follows:
Sec ... paid, albeit under Sec. 357(3), Sec.
431 of the Cr.P.C . Sec. 70 I.P.C. and Sec. 421(1) proviso would make
convict to pay the amount due as provided under Section 421 Cr.P.C. and
considering all the aspects, called for a report from ... relates to definitions. Sub- Section 26 of Section 3 defines 'immovable
property' where sub- Section 36 of said Section
view of the same, the
complainants filed applications under Sections 431 read with Sec. 421
Cr.P.C on 17.08.2019, in which warrants of attachment ... petitioner filed an application on 23.08.2021
under Section 431 Cr.P.C. read with Section 421 Cr.P.C.
praying interalia for attachment of shares
dismissing an application filed by the petitioner under Section
431 Cr.P.C. read with Section 421 Cr.P.C. seeking enforcement of
mediation settlement ... shall be liable to be proceeded
with further under Section 431 r/w Section 421 Cr.P.C. in terms
of Judgment
