JUDGMENT : Sureshwar Thakur, J. The learned counsel for the petitioner submits before this Court that the latter has undergone the substantive terms of imprisonment, imposed upon him. He further submits that he may be permitted to withdraw the instant criminal revision petition. However, the permission , as prayed for, is accorded, subject to a right being reserved, vis-à-vis the complainant, to, by resorting to the mandate of Section 421 of the Cr.P.C., ensure recovery of compensation amount, assessed vis-à-vis him, by the learned trial Magistrate. The reason for granting the aforesaid liberty to the complainant, arises, from a conjoint reading of Section 431 Cr.P.C., with, the mandate of Section 421 Cr.P.C., provisions whereof are extracted hereinafter : 421. Warrant for levy of fine- (1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may- (a) issue a warrant for the levy of the amount by attachment and sale of any moveable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorizing him to realize the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter; Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under Section 357. (2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any peon other than the offender in respect of any property attached in execution of such warrant.
(2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any peon other than the offender in respect of any property attached in execution of such warrant. (3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realize the amount in accordance with the law, relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law; Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. 431. Money ordered to be paid recoverable as a fine- Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine; Provided that Section 421 shall, in its application to an order under Section 359, by virtue of this section, be construed as if in the proviso to sub-section (1) of Section 421, after the words and figures “under section 357”, the words and figures” or an order for payment of costs under Section 359’ had been inserted. 2. A close reading, of the mandate of Section 431 of Cr.P.C. makes a clear display of even compensation amount, in respect, of, recovery whereof, no specific mandate exists, rather being also recoverable, in the manner, akin to the ordained manner of recovery of fine. Consequently, with Section 421, of the Cr.P.C., contemplating the mechanism, for recovery of fine, thereupon it is open to the complainant to, resort to mandate thereof, and, hence ensure the recovery of compensation amount, from the petitioner. 3. Consequently, in view of the aforesaid observation (s), the instant petition is dismissed, as withdrawn. All pending application (s), if any, are also disposed of. No costs.