JUDGMENT : AIKMAN, J.:— On the 26th September 1903, one Mumtaz Ali Khan was sentenced to imprisonment and fine. The Court ordered that the fine if realised should be paid to the complainant by way of compensation. Apparently a warrant was issued for the recovery of the fine, but this proved infructuous. On the 5th of March 1901 the Magistrate wrote off the fine as irrecoverable. After this, on its appearing that there was a large sum of money, upwards of Rs. 3,000, at the credit of Mumtaz Ali Khan at the Bareily Treasury, the complainant, to whom compensation had been ordered to be paid, moved the Magistrate to take steps to recover the fine. Upon this application the Magistrate recorded the following order:— “The fine was struck off as irrecoverable and cannot be recovered now.” The case has very properly been reported by the learned Sessions Judge. The view taken by the Magistrate is quite erroneous, and he ignores the provisions of section 70 of the Penal Code, 1860, The mere fact that in 1904 the Magistrate considered the fine to be then irrecoverable and wrote it off in his register under the provisions of Rule 60 of the Rules of the 14th August 1897, is no bar to his taking action to levy the fine within the time allowed by law. The action taken in 1904 merely shows that the Court was too hasty in coming to the conclu sion that the fine could not be recovered, but in no way prevents the Court from taking steps to levy the fine within the time allowed by law. With these remarks let the case be sent back to the Magistrate such action as is necessary.