Date:
2023.02.16
17:33:49
+0530
reply to application U/s 431 read with Section 421 Cr.P.C filed on behalf
of respondent ... sought an opportunity
to file a reply to application U/s 421 read with Section 431 Cr.P.C filed
on behalf of respondent
compensation out of the fine u/s 357 CrPC.
8. Proviso to Subsection 3 of Section 421 CrPC also
provides that ... recovery of the fine
amount. However, there is no procedure u/s 421 CrPC for issuing
NBWs against the convict for ensuring recovery
Mannan on the proviso to
Section 421 (1), the Hon'ble Apex Court by interpreting Section 421 Cr.P.C.
and Section 357 ... provision of law as discussed hereinabove held that Section 70
IPC and proviso to Section 421 (1) Cr.P.C. proviso would make it clear
procedure laid down in Sub-section (3) of
Section 125 and section 421 of the Code of Criminal Procedure. In
the scheme of Code ... amount was recovered by
adopting the procedure under section 421 of the Code of Criminal
Procedure, the question of putting the defaulter in prison
order
under section 359, by virtue of this section, be construed as if in the
proviso to sub-section (1) of section 421, after ... Vijayan v. Sadanandan K., it was held that
Section 431 read with Section 421 of the Cr.P.C. is applicable to
recovery of compensation
Another Versus Deepak Singh Rajawat) under Sub Section. (3) of Section 125 & 128 Criminal Procedure Code, 1973, Kotwali-Orai, District Jalaun, pending before ... against the provisions contained under Sub Section (3) of Section 125 Cr.P.C. read with Section 421 Cr.PC. and the order dated
lacs in Criminal Case
No.255/2017 was given by invoking the provision under Section 421
Cr.P.C by disallowing the objection ... Section 357 Cr.P.C, the compensation deemed to be
treated as fine for the purpose of recovery and the provision under
Section 421
ACMM, BANGALORE IN CRL.MISC.NO.11856/2016 FILED BY
THE RESPONDENT U/S 421 OF THE CODE OF CRIMINAL
PROCEDURE.
THIS PETITION, COMING ... memo. However, the respondent has
initiated proceedings before the Criminal Court under Section
421 of Cr.P.C by filing Crl.Misc No.11856/2016
provisions of the Code of Criminal Procedure . Hence, the
petitioner objected in allowing the Section 311 Cr.P.C petition. But
the learned Magistrate allowed ... have taken steps to recover the same, as per the procedure under
section 421 Cr.P.C. I think there is some force in that
offence
punishable under Section 138 of N.I.Act, which has
attained finality. The petitioner initiated proceedings under
Section 421 Cr.P.C for recovering ... Hence, this petition.
2. Heard learned counsel for the parties.
3. Section 421 Cr.P.C. deals with warrant for levy
of fine when
