SHINE VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Can a 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 imposed on an accused This is the question that is raised before me.

(2.) The petitioner is the complainant in a prosecution under Section 138 of the N.I. Act. The accused was found guilty, convicted and sentenced by the trial court. The petitioner s appeal was dismissed by the learned Sessions Judge. In revision another Bench of this Court upheld the verdict of guilty and conviction, but the sentence imposed was modified. He was sentenced to pay a fine of Rs. 1,00,000/- within a period of five months from 23.10.2007 and in default to undergo S.I. for a period of three months. It was further directed that the entire fine amount shall be paid as compensation under Section 357(1) Cr.P.C.

(3.) The accused has not been apprehended so far. He has not paid the fine amount also till now. Non-bailable warrants issued against the accused have not been executed by now. The petitioner/complainant in these circumstances approached the learned Magistrate with an application under Section 421 Cr.P.C. to issue warrant to attach an item of property belonging to the accused and to attempt recovery of the fine amount by attachment and sale of that property. That application was dismissed by the learned Magistrate by the impugned order, which reads as follows: