fine imposed by it
under the Code. The procedure for recovering a fine is dealt with under
Section 421 , Cr.P.C. A notice ... fine by attachment and sale under clause (a) of sub-
section (1) of Section 421 , Cr.P.C. shall be directed to a Police officer
compensation amount, if not paid, would be recoverable in terms
of Section 421 Cr.P.C.
48 In this regard, I would also ... like to make reference to Section 431
Cr.P.C. If Section 431 Cr.P.C. & Section 421 Cr.P.C. are read together
paid in time, shall be recoverable under
the provisions of Section 421 Cr.P.C.
2. Aggrieved by the judgment and order on sentence ... Page No11/12
recoverable under the provisions of Section 421 Cr.P.C.
In the present case the cheque was given by the appellant
pass an order of arrest is under
Section 125(3) and not under Section 128 of Cr.P.C.
9.Whether these grounds are sustainable ... manner provided for levy of fine, ie., as per
the procedure contemplated under Section 421 Cr.P.C.. In other words, warrant
may be sought
Punjab , 1988 (1) RCR (Criminal) 114
and Mohan Lal vs. State of Punjab and another, 2011 (7) RCR
(Criminal) 2503, judgments of this Court ... jurisdiction under Section 357 (3) Cr.P.C., is not deposited, the
same can be realized as fine in terms of Section 421
accused even after his death in accordance with provisions of Section 421 of Cr.P.C.
Learned A.G.A. contended that petition moved ... aforesaid appeal No.169 of 1995.
Perusal of Section 421 of Criminal Procedure Code shows that when offender has been sentenced to pay fine
terms of Section 421 of the Code of Criminal
Procedure, which provides procedure for recovery of fine
amount imposed in a criminal case ... warrant of attachment of property as envisaged under
Section 421 of the Code of Criminal Procedure. In the
instant case because even if we assume
settled law that
procedure of execution of maintenance order is specifically defined
under Section 125(3) of the Code of Criminal Procedure ... 2017 18:36:53 :::HCHP
4
of Criminal Procedure 1973. As per Section 421 Cr.PC Judicial
Magistrate is legally competent to take action
court below did not issue warrant
for levying the amount under Section 421 Cr.P.C. and
hence, the order impugned cannot be sustained ... warrant. Thus, it is clear that warrant should be issued
under Section 421 Cr.P.C. for levying the amount both by
attachment and sale
ordered by the court below
cannot be sustained.
5. Proviso to Section 421 Cr.P.C. provides that ... compensation out of the fine under Section 357 Cr.P.C.
It is clear from proviso to Section 421 Cr.P.C that the
warrant
