R N MISHRA Vs. MANOJ JAIN

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner has filed this petition under Section 482 of Cr. PC against the order dated 19-7-2007 passed in Criminal Revision No. 90/07 whereby learned 10th Additional Sessions Judge, Raipur has rejected his revision arising out of the order dated 11-5-2007 passed by learned Additional chief Judicial Magistrate, Raipur in MJC No. 146/07 whereby the petitioner has been directed to deposit the fine amount of Rs. 1,25,000/- imposed on him by this court vide order dated 14-8-2006 passed in Criminal Revision No. 405/2006.

(3.) THE short question involved for adjudication of this petition is whether warrant for levy of fine can be issued under Section 421 of Cr. PC against an accused, who has been convicted and sentenced to pay fine with stipulation that in default of payment of fine he shall undergo simple imprisonment for specific period and who has already undergone the simple imprisonment on default of payment of fine ?